Recently, a state appellate court issued a written opinion in an Arizona burglary case discussing whether the trial court properly reversed a defendant’s conviction after the jury was allowed to view digital pictures that had only been admitted into evidence as hard-copies. Ultimately, the court concluded that the digital images…
Recently, an Arizona appellate court issued a written opinion in an Arizona drug crime case affirming the denial of a defendant’s motion to suppress evidence that was seized during a traffic stop. The case required the court to discuss whether the officer’s stop was extended beyond the time that was required…
Recently, a state appellate court issued a written opinion in an Arizona criminal case requiring the court to determine if police had probable cause to arrest the defendant without a warrant. Ultimately, the court concluded that the information police had at the time they decided to arrest the defendant gave them…
Recently, a state appellate court issued a written opinion in an Arizona marijuana crime case involving a defendant’s challenge to a warrant that was obtained based on information that was provided by an informant after her own arrest for drug possession. The case presents important issues for those charged with crimes…
In Arizona criminal cases, the defendant can argue that the evidence seized was in violation of his statutory or constitutional rights, and should not be admitted in a trial against him. This is normally done through a motion to suppress evidence. These motions to suppress are very common in Arizona…
Earlier this month, a state appellate court issued a written opinion in an Arizona homicide case discussing the admissibility of the defendant’s diagnosis for Post-Traumatic Stress Disorder (PTSD). Being an issue of first impression, the court was required to fashion a rule to determine the admissibility of such diagnoses, ultimately…
“Probation is a privilege that cannot be denied under AMMA; Penalties & criminal defense for probation violations.” Nearly 5 years after the passing of Arizona Medical Marijuana Act (AMMA) the Arizona Supreme Court heard two cases involving denial of the privilege of qualified patients to use marijuana. The Arizona Supreme…
A recent ruling could mean that a motorist who last smoked Marijuana in a legal state a month prior to traveling to Arizona, may be arrested and prosecuted for Marijuana DUI. An Arizona Court of Appeals marijuana DUI dismissal was overturned recently in favor of the prosecution, and returned the…
The US 9th Circuit Court of Appeals Reversed a Drug Conviction recently based on the cumulative effect of violations resulting in error by the lower court. The errors pertained to two denials of requests for discovery by the defendant and violations in Rules of Criminal Procedure for sentencing. The panel…