Arizona Revised Statutes

Ariz. Rev. Stat. § 13-4040 (2026)

Divestiture of jurisdiction of supreme court after remission of minute entry and decision; exception

✓ current as of May 2026

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After a certified copy of the minute entry and a copy of the decision of the supreme court in a criminal appeal has been remitted to the trial court from which the appeal was taken, the supreme court shall have no further jurisdiction of the appeal, or of the proceedings thereon. All orders which may be necessary to carry the decision of the supreme court into effect shall be made by the court to which the copy of the minute entry and decision is remitted, except when a judgment or sentence of death has been affirmed on appeal after the time appointed for the execution of the sentence and the supreme court has fixed a new time for execution and issued a warrant to the director of the department of corrections to execute the sentence at the time designated in the warrant.

Notes of Decisions

Cited in 3 cases, 1984–1985 · leading case: Daou v. Harris, 678 P.2d 934 (Ariz. 1984).

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Daou v. Harris, 678 P.2d 934 (Ariz. 1984). · cites it 2× “, A.R.S. § 13-4040. Second, Harris' interpretation of A.”

Gurr v. Willcutt, 707 P.2d 979 (Ariz. Ct. App. 1985). · cites it 2× “§ 12-902 (unless provisions of the Administrative Review Act are followed, parties seeking review of an administrative decision “shall be barred from obtaining judicial review of such decision”).”

Daou v. Harris, 678 P.2d 934 (Ariz. 1984). · cites it 2× “, A.R.S. § 13-4040. Second, Harris’ interpretation of A.”

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