Garcia v. Browning

In Garcia v. Browning, 214 Ariz. 250, 253,12, 151 P.3d 533, 536 (2007), the issue was, when a criminal defendant claimed self-defense as a justification for his conduct, whether amendments that shifted the burden of proof from a defendant (to prove the justification) to the state (to disprove the justification) applied retroactively. 214 Ariz. at 251,1, 151 P.3d at 534. The Arizona Supreme Court held such a change regulated primary conduct because it altered the legal consequences by shifting the burden of proof. Id. at 253,14, 151 P.3d at 536. Therefore, the amendments were substantive and could not be applied retroactively absent the legislature's express statements stating so. Id.