Legal Question in Criminal Law in Arizona

Yeah, maybe. It depends on the facts surrounding this question. You don't say what your "lower court appeal" is about; this would be crucial to a proper and more definite answer. When you say lower court, what lower court are you talking about? A court lower than the Arizona Appellate court, i.e. Superior Court? A justice/misdemeanor court whose decisions are appealed, first, to the higher Superior Court? Only an experienced attorney with all the facts can advise you on this ethical question.