Police officers make assumptions about their environment all the time. In fact, rarely is a police officer’s behavior based on something that they know to be the case. Police officers may assume, for example, that someone who called 911 reporting a crime was accurate in their description of the perpetrator.…
Arizona DUI & Criminal Defense Attorney Blog
Arizona Court Rejects Defendant’s Claim that He Was Seized During Police Encounter
Earlier this month, a state appellate court issued a written opinion in an Arizona gun crime case involving the defendant’s challenge to the legality of the search conducted by police officers that led to the discovery of the firearm. Ultimately, the court held that the defendant voluntarily answered the questions…
What Arizona Defendants Must Do to Preserve a Challenge to the Reasonableness of a Sentence
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…
Motions to Suppress in Arizona Criminal Cases
When someone is charged with an Arizona crime, they have the ability to file a motion to suppress, challenging the admission of evidence that the prosecution plans to introduce at trial. In essence, a motion to suppress argues that certain evidence obtained by police was done so in violation of…
Arizona Court Finds Detectives Had Reasonable Suspicion to Stop Defendant’s Car, Leading to the Discovery of a Firearm
Earlier this month, a state appellate court issued a written opinion in an Arizona gun case requiring the court to determine if the lower court should have granted the defendant’s motion to suppress. The case contains an informative discussion on police officers’ ability to stop a motorist. Specifically, the case…
Arizona Court Affirms Manslaughter Conviction After Rejecting Defendant’s Request to Admit Prior Bad Acts of the Victim
Earlier this month, a state appellate court issued an opinion in an Arizona manslaughter case involving a defendant’s claim that he should have been entitled to fully inform the jury about the prior aggressive actions taken by the victim against the defendant’s pregnant step-daughter. Ultimately, the court rejected the defendant’s…
Arizona Court Allows Defendant’s Statement into Evidence That Was Taken After Invoking Miranda Rights
Earlier this month, a state appellate court issued a written opinion in an Arizona homicide case discussing the admissibility of the defendant’s statement. Ultimately, the court allowed the admission of the defendant’s inculpatory statement, although it was made after he invoked his right to an attorney, because the defendant “reinitiated…
Arizona Court Determines Officers Must Get a Warrant to Obtain ISP Information
Earlier this year, a state appellate court issued a written opinion in an Arizona child pornography case discussing whether the lower court correctly denied the defendant’s motion to suppress. The defendant’s motion sought suppression of the illicit images as well as information that officers obtained through a subpoena sent to…
Arizona Court Reversed Defendant’s Murder Conviction Based on Double-Jeopardy Violation
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…
Court Holds Arizona Murder Defendant Cannot Introduce Evidence of Brain Damage
Last month, a state appellate court issued an opinion in an Arizona homicide case discussing whether the lower court properly excluded evidence of the defendant’s brain damage. The court acknowledged that a defendant is permitted to introduce evidence showing he had a character trait for acting impulsively. However, ultimately, the…