If you are charged with a serious crime decades after it allegedly occurred, you may wonder how law enforcement identified you. In Arizona, courts allow DNA hits from government databases to be used in connecting people to cold cases. While this evidence can be robust, it also raises concerns about…
Articles Posted in Violent Crime
How “Harmless Error” Can Be Used to Coverup Prosecutorial and Judicial Mistakes
In serious felony trials in Arizona, the issue of what evidence is admitted or excluded can make all the difference between a conviction and an acquittal. The rules governing evidence are complex, and while they are bound by laws, the admission of evidence often involves a great deal of discretion…
One Shot, Multiple Victims: How Many Convictions?
Violent crimes can be tricky to litigate and to defend in court. One source of recent conversation in the Arizona criminal legal sphere has been the crime of aggravated assault, and whether hurting multiple people through one assault counts as multiple crimes or only one crime. The answer to this…
Requesting a Mistrial Under Rule 24.1 in Arizona
Recently, a defendant in Arizona was found guilty of six counts of first-degree murder. He appealed his convictions, arguing in part that one of the jurors in his trial had external knowledge of a previous crime that he had committed. According to the defendant on appeal, this knowledge prejudiced the…
Dealing With Inconsistencies in Testimony During Trial
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…
Understanding the Public Safety Exception to Miranda Rights
In general, when an officer puts a suspect under custodial interrogation, the officer must give the suspect Miranda warnings. That is, the officer is required by law to tell the suspect that he has the right to remain silent and the right to an attorney. In some limited exceptions, though,…
Arizona Defendant Successfully Challenges Denial of Civil Rights, Highlighting the Importance of Thorough Review of Trial Record
In a recent case coming out of an Arizona court, the defendant and the government agreed that the trial court should have granted the defendant certain rights that it unrightfully denied her. Both the defendant and the government indicated this error in their filings, and the appellate court reviewed the…
Defendant in Arizona Aggravated Assault Case Unsuccessfully Argues that Officer was Unqualified to Testify at Trial
In a recent case before an Arizona court of appeals, the defendant argued that his convictions and sentences for aggravated assault should be reversed. According to the defendant, the expert that testified on behalf of the prosecution during trial should not have been allowed to present himself as an expert.…
Arizona Defendant Unsuccessfully Appeals Lower Court’s Denial of Motion for New Trial in Attempted Arson Case
In a recent criminal case before an appellate court in Arizona, the defendant challenged the trial court’s decision to deny his motion for a new trial. Originally, a jury found the defendant guilty of several crimes, including aggravated assault and attempted arson. He filed a motion for a new trial…
Appellate Court Clarifies Correct Interpretation of Amendments to Arizona Law, Denying Defendant’s Appeal in the Process
In a recent case before an appellate court in Arizona, the defendant asked the court to interpret a 2022 amendment to Arizona law in a way that would favor overturning his guilty verdict. Originally, the defendant was charged with and found guilty of first-degree murder. After receiving his guilty verdict,…