Romero-Millan v. Barr, No. 16-73915 (9th Cir. 2020)
Annotate this CaseThe Ninth Circuit certified the following questions of state law to the Arizona Supreme Court: 1. Is Arizona's possession of drug paraphernalia statute, A.R.S. 13-3415, divisible as to drug type? 2. Is Arizona's drug possession statute, A.R.S. 13-3408, divisible as to drug type? 3. Put another way, is jury unanimity (or concurrence) required as to which drug or drugs listed in A.R.S. 13-3401(6), (19), (20), or (23) was involved in an offense under either statute?
Court Description: Certified Questions to State Court / Immigration. The panel certified the following questions of state law to the Arizona Supreme Court: 1. Is Arizona’s possession of drug paraphernalia statute, A.R.S. § 13-3415, divisible as to drug type? 2. Is Arizona’s drug possession statute, A.R.S. § 13-3408, divisible as to drug type? 3. Put another way, is jury unanimity (or concurrence) required as to which drug or drugs listed in A.R.S. § 13-3401(6), (19), (20), or (23) was involved in an offense under either statute? 4 ROMERO-MILLAN V. BARR
The court issued a subsequent related opinion or order on August 29, 2022.
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