The Arizona Court of Appeals recently ruled that individuals wrongfully convicted of crimes can seek compensation from the state without first filing a notice of claim. This decision affects those seeking damages due to wrongful convictions, clarifying the process for filing such claims.
The case, State v. Aguirre, No. 1 CA-SA 26-0176, involved Enrique Aguirre, who was wrongfully convicted of discharging a firearm at a non-residence. After serving 632 days in jail and prison, Aguirre's conviction was overturned on appeal due to lack of evidence. Following this, he filed a claim for compensation under a new Arizona law designed to assist individuals who have been wrongfully convicted.
The dispute arose when the State of Arizona argued that Aguirre should have filed a notice of claim (NOC) before pursuing his compensation claim. The NOC requirement has been in place for over 40 years, requiring individuals to notify the state of their claims within 180 days of the incident. However, Aguirre's attorneys contended that the new law, enacted in 2025, allowed him to bypass this requirement.
The Arizona Court of Appeals, led by Judge D. Andrew Gaona, examined the language of the new law, which included a clause stating that individuals could file claims for compensation "notwithstanding any other law." The court found that this clause indicated the legislature's intent to exempt claims under this new law from the NOC requirement.
Judge Gaona stated, "Because § 13-4296 contains a 'notwithstanding any other law' provision, that section is exempt from § 12-821.01's NOC requirement." The court agreed with the lower court's decision to deny the State's motion to dismiss Aguirre's claim, emphasizing that the new law created a separate process for those wrongfully convicted.
The ruling is significant as it establishes a clear path for individuals wrongfully convicted of crimes to seek compensation without the additional hurdle of filing a notice of claim. This decision not only affects Aguirre but also sets a precedent for others in similar situations, potentially impacting numerous pending claims for compensation in Arizona.
Moving forward, this ruling allows individuals wrongfully convicted to file for compensation directly under the new law without worrying about the traditional NOC process. This could lead to a more streamlined approach for addressing wrongful convictions and compensating those affected.
The State has the option to appeal this decision, but it remains to be seen whether they will pursue that route. There are also other related cases pending that may be influenced by this ruling, as it clarifies the legal landscape for wrongful conviction claims in Arizona.