Zuther v. State

In Zuther v. State, 199 Ariz. 104, P21, 14 P.3d 295, 302 (2000), the court concluded that Arizona's new, inmate "gate money" statute could be applied to Zuther without violating retroactivity principles. The court ruled that the relevant "completed event" was not the crime he had committed, but rather, "the completion of all requirements necessary to make an inmate eligible for release from prison." Id. P 15. That was so, the court noted, "because nothing is due any inmate until the date of release." Id. P 16. Similarly, for statute of limitations purposes, "nothing is due" a defendant who seeks dismissal based on the prosecution being time-barred unless and until the limitations period has, in fact, expired. Id.