What happens when a jury has to consider inconsistent evidence during trial? Generally, it is up to the jury to determine which evidence is believable and which evidence is not. In a June 2024 case before the Arizona Court of Appeals, Division One, the higher court determined that even though…
In a recent case before an Arizona court of appeals, the defendant challenged his guilty verdict based on the trial court’s definition of the word “education.” The case centered on the defendant’s insistence that his scattering dead body parts in public areas was not a crime, but instead was an…
In a recent case before an appeals court in Arizona, the defendant asked the higher court to reconsider his convictions for theft and unlawful flight from a law enforcement vehicle. The defendant was originally found guilty after he stole a truck and tried to escape from the officers who found…
In a recent opinion in an Arizona negligent homicide case, the defendant’s request for a lesser sentence was denied. After having been found guilty of homicide in 2016, the defendant was sentenced to nine years’ imprisonment. The defendant appealed this sentence, arguing that it was unfair for the court to…
The law provides Arizona defendants with certain avenues of relief after a criminal conviction. While there are restrictions regarding what types of cases and issues are appealable, many defendants can challenge a conviction or sentence. If one has completed their sentence, they may be eligible to restore their civil rights…
If an Arizona criminal trial ends up in a conviction, the defendant is entitled to an appeal to review any and all alleged legal errors that were made by the court during the trial. While the right to an appeal is automatic, there is not necessarily a corresponding right for…
Under common law, a burglary was defined as the breaking and entering of a dwelling of another at night with an intent to commit a felony therein. Over the years, state legislatures have refined the definition of burglary. For the most part, states have eliminated the requirement that the breaking…
Last month, the United States Supreme Court issued an opinion in a case that limits the government’s ability to seize the assets of those convicted of crimes. Typically, when someone is arrested for an Arizona crime, any assets that are potentially evidence will be seized. For example, it is common…
Under the Fourth Amendment to the United States Constitution, citizens are guaranteed the right to be free from unreasonable searches and seizures. Over the years since the passage of the Fourth Amendment, courts have interpreted this to mean that police are generally required to obtain a warrant that is supported…
Earlier this month, a state appellate court issued a written opinion in an Arizona burglary case in which the defendant challenged the sufficiency of the evidence that was used to convict him. However, the court affirmed the defendant’s conviction for burglary on the basis that the two-drawer filing cabinet he…