Tom Chantry’s case has been remanded to the Yavapai County Superior Court in Prescott, AZ for a new trial. The Status Conference/Initial Appearance has been set for February 22, 2022. Tom Chantry will be transported to the Yavapai County Superior Court for this Status Conference/Initial Appearance and will remain in the custody of the Yavapai County Sheriff’s Office until the conclusion of proceedings in this matter.
I have added the following documents to the ARBCA and Tom Chantry Document Walk-through.
#47 STATE v. CHANTRY Mandate (2/2/2022)
The AZ Supreme Court Denied the Prosecutor’s Petition for Review of Tom Chantry’s Case, so the mandate from the AZ Court of Appeals was upheld and published. The AZ Court of Appeals reversed Thomas Chantry’s convictions and sentences for four counts of child molestation and remanded the matter for a new trial because the convictions were obtained with the use of impermissible “other act” evidence. Please note that this does not reverse the convictions from Thomas Chantry’s first trial.
Here are two of the most relevant quotes, but I encourage you to read the entire document:
“¶1 Thomas Jonathan Chantry appeals his convictions and sentences for four counts of child molestation. Because Chantry’s convictions were obtained with the use of impermissible ‘other act’ evidence, we reverse and remand the matter for a new trial.”
“¶27 We agree with Chantry that the superior court abused its discretion by admitting, under Rule 404(b), evidence of Chantry’s excessive, sometimes bare bottomed, spankings of J.W., W.W., and D.L. After prohibiting the State from offering the other-act evidence to show Chantry had an aberrant sexual propensity to commit the charged crimes, the court should not have permitted the State “to raise this same inference under the rubric of ‘intent.’” State v. Ives, 187 Ariz. 102, 110 (1996).”
#48 STATE v. CHANTRY Order Reassignment of Judge (2/3/2022)
“IT IS ORDERED reassigning this matter to the Honorable Krista M. Carman, Division 4 for all further proceedings.”
#49 STATE v. CHANTRY Order Setting Status Conference/Initial Appearance (2/3/2022)
“IT IS ORDERED setting a Status Conference/Initial Appearance in this matter on Tuesday, February 22, 2022 at 11:00a.m. before the Honorable Krista M. Carman, Division 4, Courtroom 400, Prescott Judicial District, 120 S. Cortez Street, Prescott, Arizona.”
“IT IS ORDERED that the Yavapai County Sheriff’s Office transport Thomas Chantry, DOC #338181, from the Department of Corrections, ASPC Eyman- Meadows Unit, Florence, Arizona, to the Yavapai County Superior Court for a Status Conference/Initial Appearance on Tuesday, February 22, 2022 at 11:00a.m. before the Honorable Krista M. Carman, Division 4, Courtroom 400, Prescott Judicial District, 120 S. Cortez Street, Prescott, Arizona.”
“IT IS FURTHER ORDERED that the Yavapai County Sheriff shall retain custody of the Defendant until the conclusion of the proceedings in this matter.”