In June 2025, the Arizona Court of Appeals issued a detailed decision that addresses several trial rights crucial to a strong criminal defense. The court in State v. Vallejo upheld a conviction in a Pima County case, but not without clarifying how trial judges should handle voir dire, defense witnesses, and confession evidence. Even though the appeal did not result in a reversal, the opinion offers critical guidance for anyone facing charges in Arizona.
If you have been accused of a crime in Arizona, your future may depend on what happens during jury selection, what evidence the court admits, and whether your defense is given a full opportunity to present its case. These procedural rulings carry weight far beyond one courtroom. Understanding them can help protect your rights from the moment charges are filed.
Voir Dire Challenges Require Careful Record and Strategy
One key issue in the case involved jury selection. The accused argued that the trial court failed to question jurors thoroughly about possible bias. Arizona Rule of Criminal Procedure 18.5 grants judges broad discretion during voir dire, but that discretion must still respect the right to an impartial jury. The Court of Appeals examined the record and found that, although some questions could have gone further, the process overall met constitutional standards.
This part of the opinion reinforces the importance of being strategic and specific when questioning jurors. Defense lawyers must be prepared to raise concerns early and on the record. Without a documented objection or request for additional voir dire, it becomes difficult to argue on appeal that jurors were not properly vetted for fairness.
Limits on Defense Witnesses Must Be Justified
Another major issue involved the exclusion of a defense witness. The trial court barred the testimony on the grounds of late disclosure and limited relevance. On appeal, the court applied the balancing test set out in State v. Murray, which weighs the surprise to the prosecution, the significance of the testimony, and the overall fairness of the trial.
The appellate court found no abuse of discretion, but the case still highlights the high stakes of pretrial planning. Arizona rules require the timely disclosure of witnesses, and failing to comply may lead to exclusion, even if the testimony would support the defense. If you are accused in a criminal case, your attorney must act early to identify all potential witnesses and ensure the court has no basis to prevent them from testifying.
Confession Admissibility Tied to Voluntariness Hearings
The accused also challenged the trial court’s decision to admit a police statement. He claimed the confession was not voluntary. Under Arizona law, any statement must be made without coercion to be accepted. A voluntariness hearing allows both sides to present evidence on this issue before the jury hears the confession.
In this case, the judge found that the accused was properly advised of his rights and that his statement was given voluntarily. The Court of Appeals agreed. However, the opinion makes clear that defense lawyers must request a voluntariness hearing whenever coercion is a concern. Without that step, it becomes harder to argue that a confession should have been kept out of the trial.
Sentencing Challenges Require Precision at the Trial Level
The appeal also raised concerns about sentencing, including the amount of credit given for time served. The appellate court found that the trial judge had correctly calculated time credit and followed Arizona sentencing statutes. Still, the case serves as a reminder that even minor errors at sentencing can have significant consequences, especially for longer-term sentences.
Defense counsel should verify every aspect of sentencing, including enhancements, presentence incarceration credit, and the application of mitigating or aggravating factors. Any dispute must be raised at the time of sentencing, or it may be waived on appeal.
Call a Criminal Defense Lawyer in Arizona Who Knows the Rules and Fights to Enforce Them
If you are facing charges in Arizona, you need more than general advice. You need a legal team that understands how each phase of the case affects the next. At The Law Office of James E. Novak, we focus on defending your rights at every step, from arrest to trial to appeal. Attorney Novak has the trial experience and procedural knowledge to hold the court accountable and challenge any missteps. Call (480) 413-1499 today for a free consultation. You can also reach out online to learn how we can begin preparing your defense immediately.