Lee v. State
In Lee v. State, 218 Ariz. 235, 239, P 23, 182 P.3d 1169, 1173 (2008), the Arizona Supreme Court determined that, based on the record as it existed at that time, the mail-receipt issue presented a genuine factual question; accordingly, the court remanded the case for resolution of that factual dispute. 218 Ariz. at 239, PP 19, 22-23, 182 P.3d at 1173 (stating that "it is for the factfinder to determine if the claim was in fact received").
On remand, the trial court assumed the role of factfinder, which Plaintiffs assert was improper.
The only issue in this appeal, then, is whether a jury, rather than the trial court, should have decided the disputed mail-receipt question raised under A.R.S. 12-821.01.