Litigation Materials
Pima County Justice Court Litigation Materials
Consolidated Hearings were held in State v. Jimenez and State v. Jungers on June 17-18, 2004 in front of the Honorable Carmen Dolny, Pima County Justice Court Justice of the Peace. The court's opinion was issued on October 29, 2004. Presently, the only transcript of the hearings is a transcript made by transcribers at the Pima County Public Defender's Office. The transcript has a number of errors and has not be scanned.
The Pima County Attorney's Office appealed both cases. During the pending appeals, the Arizona Court of Appeals issued its opinion in State v. May. In State v. Jungers, the court asked for supplemental memorandum addressing State v. May and its applicability to the appeal. Supplemental memorandum were filed by both the State and the Defense. Superior Court issued written opinions in both cases, upholding Judge Dolny's suppression of the blood evidence and distinguishing the cases from State v. May.
Motions, Pleadings, and Minute Entries are available for download below.
| Description | Link |
|---|---|
Sample Pima JP Court Motion To Suppress |
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| Sample Pima JP Court Motion with Dicta Agrument | |
| Defense Suggested Findings of Fact and Law (State v. Jimenez/Jungers Hearings) | |
| Jimenez/Jungers Minute Entry Decision by Judge Dolny | |
| Jimenez/Jungers Appellate Brief - Defense Response to State's Brief | |
| Defendant's Supplemental Appellate Brief regarding State v. May | |
| State v. Kenneth Allen May - 2 CA-CR 2004-0099 | |
| Transcript of Jimenez/Jungers Evidentiary Hearings | |
| Superior Court Appellate Decsion State v. Jimenez | |
| Superior Court Appellate Decision State v. Jungers | |
| State v. Taylor Minute Entry (Tucson City Court - Judge Dawes) | |
| State v. Chlup Minute Entry (Tucson City Court - Judge Dawes) | |
| City of Chander Police Officer Phlebotomy Protocols | |
| Phoenix College Propaganda on Police Phlebotomy Training | |
| Police Propaganda on Police Phlebotomy | |
| Pima County Sheriff's Department Phlebotomy Protocols |