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…
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…
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…
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…
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…
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…
Recently, a state appellate court issued a written opinion in an Arizona burglary case discussing the defendant’s motion to suppress the cell-site location data (CSLD) that the prosecution used to tie the defendant to a co-defendant, who was alleged to have committed several burglaries. Ultimately, the court concluded that the…
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…
The Double Jeopardy Clause, contained in the Fifth Amendment to the United States Constitution, states that no person can be “be subject for the same offence to be twice put in jeopardy of life or limb.” Given that seemingly clear language, it would stand to reason that someone who was…
In 2010, voters approved the Arizona Medical Marijuana Act (AMMA) by a small margin, making it legal for qualifying patients to obtain medical marijuana after they get a state-issued registration card. While the AMMA certainly provides some protections, the law hardly makes smoking marijuana “legal,” even for qualifying patients who…