Books and Journals 7.4.3

7.4.3

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§ 7.4.3 Adequacy of Record

The record must contain sufficient facts to support the proponent’s legal arguments. See State v. Crowley, 202 Ariz. 80, 41 P.3d 618, 628 (App. 2002) (Div. 2) (court found that warrant was unlawful and good faith exception did not apply because the State, “which presented no testimony at the suppression hearing and cited no legal authority to support its argument, [did] not sustain[] its burden”); State v. Lavers, 168 Ariz. 376, 399, 814 P.2d 333, 356 (1991) (“by failing to ensure that the record on appeal is sufficient to support his argument, defendant has waived review” of it); State v. Flannigan, 194 Ariz. 150, 978 P.2d 127 (App. 1998) (Div. 1) (the State, defending trial court’s ruling, argued on appeal that defendant consented to blood draw; court of appeals found that “the State . . . waived this argument because it never attempted to prove consent at...

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