In a recent case coming out of an Arizona court, the defendant appealed his conviction for resisting arrest. Even though the defendant did not contest that he had physically resisted the officers when they tried to arrest him, he argued on appeal that the entire case should have been dismissed…
Recently, a state appellate court issued an opinion in an Arizona murder case discussing whether the defendant’s statements to police were taken in violation of his Fifth Amendment right to be free from self-incrimination. Ultimately, the court determined that the admission of the defendant’s statements was proper because the police…
In December of last year, a state appellate court issued a written opinion in an Arizona theft case involving a question about the admissibility of the defendant’s confession. Specifically, the court had to determine if the fact that the defendant, who did not speak English, validly waived her constitutional rights…
Recently, the Arizona Supreme Court issued a written opinion in an Arizona homicide case discussing whether the defendant’s conviction for murder was invalid based on a double-jeopardy violation. The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides that “nor shall any person be subject for…
In an Arizona criminal trial that is tried before a jury, a defendant cannot be found guilty unless all jurors agree unanimously. Thus, the process of jury selection is a crucial part of the criminal process. In essence, a defendant only needs to convince a single person on the jury…
Earlier this month, a state appellate court issued an opinion that may have broad implications for Arizona criminal defendants. The case involved a defendant who was charged with engaging in sexual conduct with a minor after police saw inappropriate text messages on his cellular phone. The case required the court…
As this blog has discussed on numerous occasions, police officers must generally have a warrant to conduct a search. However, there are some exceptions to the warrant requirement allowing police officers to conduct a search without a warrant. One exception to the warrant requirement deserves more attention than it gets…
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…
Earlier this month, a state appellate court issued a written opinion in an Arizona drug case discussing under what circumstances a defendant’s un-Mirandized statement made to law enforcement should be suppressed. Because the court concluded that the defendant was not in custody at the time she made the statement, it…
In a recent Arizona drug trafficking case, the Court of Appeals of Arizona discussed a defendant’s challenge to a search warrant that was obtained by an officer who omitted facts that the defendant claimed were relevant to the probable cause determination. Ultimately, however, the court concluded that the defendant was…