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Arizona DUI & Criminal Defense Attorney Blog

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Arizona Court Considers Defendant’s Request to Exclude Harmful Evidence of His Home-Made Videos

Earlier this year, a state appellate court issued an opinion in an Arizona assault by vehicle case discussing the defendant’s challenger to certain videos he took on his cell phone before the incident leading up to his arrest. Ultimately, the court determined that the videos were admissible, rejecting the defendant’s…

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Does an Arizona Crime Involving “Recklessness” Constitute a “Violent Offense” Under the Armed Career Criminals Act?

The Armed Career Criminals Act (ACCA) is a federal law that requires a minimum sentence of 15 years’ incarceration for certain individuals. Specifically, ACCA imposes the minimum sentence for anyone convicted of a gun crime, who has three or more “violent felony” convictions. The United States Supreme Court is expected…

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Arizona Court Issues Important Decision Regarding Restitution to Crime Victims in Recent Murder Case

Restitution is when a court orders a defendant to pay a crime victim for their financial losses related to the crime. Unlike civil law, restitution is typically limited to the costs that the victim actually incurred. In a recent Arizona murder case, the state’s high court discussed the constitutional limits…

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Arizona Court Denies Motion to Suppress Identification in Recent Child Sex Offense Case

Earlier this year, a state appellate court issued an opinion in an Arizona child molestation case. In its opinion, the court affirmed the lower court’s decision to deny the defendant’s motion to suppress two identifications made by the complaining witness. The Facts of the Case According to the court’s opinion,…

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When Is a Defendant’s Prior Conviction Admissible in an Arizona Criminal Trial?

Recently, a state appellate court issued an opinion dealing with the admissibility of a defendant’s prior record. Not surprisingly, whether the prosecution will use the defendant’s past convictions against them at trial is a common question for defendants facing Arizona criminal charges. In any criminal case, the rules of evidence…

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Arizona Appellate Court Discusses Miranda Rights in Recent Homicide Case

Earlier this month, a state appellate court issued an opinion requiring the court to determine whether the defendant’s Miranda rights were violated when the police took a statement from the defendant while he was not in custody. Ultimately, the court concluded that Arizona criminal law permitted the officers’ actions, and…

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Arizona Court Issues Ruling Regarding Admissibility of Victim’s Misconduct in Recent Manslaughter Case

Last month, a state appellate court issued a written opinion in an Arizona manslaughter case discussing the government’s contention that the lower court improperly admitted certain evidence regarding the victim’s conduct in the moments leading up to a fatal traffic accident. Ultimately, the court concluded that the victim’s actions were…

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Court Rejects Defendant’s Claim that Evidence of Victim’s Mental Illness Was Inadmissible in Arizona Sexual Assault Case

Earlier this month, a state appellate court issued an opinion in an Arizona sexual assault case involving the defendant’s claim that evidence of the alleged victim’s mental state was improperly and prejudicially admitted. Ultimately, the court determined that the victim’s mental state was relevant, as it went to her ability…

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Arizona Court Approves of Prosecutions Use of Cell Site Location Information over Defendant’s Challenge

Earlier this year, a state appellate court issued an opinion in an Arizona homicide case discussing the propriety of the prosecution’s use of cell location site information (CLSI) taken from the defendant’s cell phone. Ultimately, the court reviewed recent Supreme Court case law, concluding that the prosecution’s use of the…

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Can Arizona Criminal Cases Proceed with Witnesses Testifying Through Two-Way Video?

In the wake of the COVID-19 pandemic, courts are dealing with many novel legal issues. One of those issues is how to conduct Arizona criminal trials in a time of social distancing. Thus far, there is no consensus on how to effectively hold a trial while protecting a defendant’s constitutional…

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