Arizona Court Throws Out Domestic Violence Convictions Over Forensic Nurse Testimony
An Arizona appeals court just vacated three convictions because a forensic nurse repeated a non-testifying victim’s account at trial. The ruling in State v. Johnson sharpens the line between medical treatment and police evidence-gathering, and it strengthens the hand of every defendant facing assault, aggravated assault, or domestic violence charges in Maricopa County. James Novak defends these cases across Phoenix, Tempe, Mesa, Chandler, Gilbert, and Scottsdale.
What Did the Court Decide?
On March 25, 2026, the Arizona Court of Appeals, Division One, vacated Xavier Johnson’s convictions for aggravated assault, unlawful imprisonment, and misdemeanor assault. The case is State v. Johnson, 1 CA-CR 24-0642, out of Maricopa County Superior Court.
The alleged victim never testified. Instead, the State built its case on out-of-court statements she made to an emergency room doctor and to a forensic nurse examiner at a Phoenix family advocacy center. The court drew a sharp line between the two.
The doctor’s testimony was allowed because the victim’s statements were made for medical care, which fits a recognized exception to the rule against hearsay. The forensic nurse examiner’s testimony was not allowed. The court held that exam was set up by police, conducted at a police station, and used to gather evidence for prosecution. That makes the statements “testimonial” under the Sixth Amendment Confrontation Clause.
Because the nurse was the only witness who said Johnson strangled the victim, the error was not harmless. All three convictions were vacated and sent back to the trial court.
Why Does This Matter for Your Case?
The Confrontation Clause guarantees you the right to cross-examine the witnesses against you. When the State cannot bring the alleged victim to court, prosecutors often try to put her words in front of the jury through someone else. Johnson makes that harder.
The court applied a “primary purpose” test. If a statement was made mainly to get medical treatment, it can come in. If it was made mainly to build a criminal case, it cannot come in unless the speaker testifies. The label “medical” or “nurse” does not control. The setting, who arranged the exam, what questions were asked, and how the report was used all matter.
That distinction creates real defense leverage in Maricopa County. Many domestic violence prosecutions in Phoenix Municipal Court, Tempe Municipal Court, and Maricopa County Superior Court rely on forensic exams arranged by the case agent. Under Johnson, those statements can be challenged. Photographs, 911 calls, and statements from non-police witnesses still come in, but the prosecution loses its narrator.
James Novak is a former Maricopa County prosecutor who knows how the State builds these files. As an Arizona criminal defense attorney with four advanced degrees, he reads forensic and medical records the way a former prosecutor and an engineer would. That combination is what targets the kind of evidence the court rejected in Johnson.
If your case involves a forensic nurse exam or a non-testifying witness, the defense strategy starts before trial. Learn more about James Novak’s background and approach before deciding how to respond to the charges.
How Does This Affect Domestic Violence and Assault Charges in Arizona?
Aggravated assault by strangulation is a class 4 felony under A.R.S. § 13-1204. When the relationship qualifies under A.R.S. § 13-3601, the charge is also tagged as domestic violence, which carries firearm restrictions, mandatory counseling, and immigration consequences. Strangulation cases often hinge on what the alleged victim said, because external injuries can be subtle.
Johnson tells defense counsel where to look. If the State plans to introduce statements through a forensic nurse, expect a Confrontation Clause motion before trial. The defense should also examine whether the case agent requested the exam, where it took place, and whether the nurse documented any actual treatment plan. These questions can decide whether a violent crime case survives or collapses.
Frequently Asked Questions
Does this ruling apply to my case if I was charged before March 2026?
It can. Arizona courts apply Confrontation Clause rulings to pending cases on direct appeal. If your case is active in Maricopa County Superior Court or on appeal, your defense attorney should review whether forensic exam statements are being offered against you.
Can the State still prosecute if the alleged victim does not testify?
Yes, but the case becomes much harder. The State must prove every element with admissible evidence: photos, 911 calls, observations from non-police witnesses, and statements that fit a recognized hearsay exception. Investigative narratives are not a shortcut around live testimony.
Is a SANE exam the same as a forensic nurse examination?
They overlap. SANE stands for Sexual Assault Nurse Examiner. In Maricopa County, forensic nurses also examine victims of strangulation, domestic violence, and other interpersonal violence. Whether a statement made during one of those exams is testimonial depends on how and why the exam happened.
Talk to a Phoenix Criminal Defense Attorney Today
If you are facing assault, aggravated assault, or domestic violence charges anywhere in Maricopa County, the kind of evidence the State plans to use should drive your defense from day one. The Law Office of James E. Novak builds defenses with that in mind. James Novak is a former prosecutor with an engineering background, an Avvo 10.0 Superb rating, and dozens of dismissals on serious felony charges in Phoenix and across the East Valley.
Call (480) 413-1499 or contact the firm online for a free initial consultation. Available 24/7. Flat affordable fees, no hidden costs.
