State of Arizona v. Hon. aragon/max Fontes

Summary

The Arizona Supreme Court held that Fontes was not entitled to a superseding-cause jury instruction because the victim's alleged conduct occurred simultaneously with Fontes's alleged speeding and therefore was concurrent, not intervening, conduct. The court also held that excluding the lack-of-restraints evidence for purposes of supporting that instruction was proper, while leaving its admissibility for other purposes to the trial court. The court vacated the court of appeals' opinion and the trial court's order because the court of appeals failed to analyze whether the alleged conduct was an intervening event before considering foreseeability and extraordinariness.