Earlier this month, a state appellate court issued a written opinion in an Arizona homicide case discussing the admissibility of the defendant’s diagnosis for Post-Traumatic Stress Disorder (PTSD). Being an issue of first impression, the court was required to fashion a rule to determine the admissibility of such diagnoses, ultimately…
Arizona DUI & Criminal Defense Attorney Blog
Arizona Court Upholds Validity of California Recommendation Letter in Marijuana Case
Earlier this month, an appellate court issued an opinion in an Arizona marijuana case resulting from an arrest of a California citizen who was stopped in Arizona with marijuana. The case is the latest in a line of many cases dealing with the relatively new laws across the country legalizing…
State’s Supreme Court Permits Defendant to Claim Misidentification and Self-Defense
Earlier this month, the Supreme Court of Arizona issued an opinion in an Arizona assault case requiring the court to review its longstanding decision not to allow a defendant to claim both self-defense and misidentification under the theory that the two are mutually exclusive. Ultimately, the court determined that a…
Exculpatory Evidence in Arizona Grand Jury Proceedings
In a recent Arizona gun crime decision, a man was indicted for two misdemeanors and three felonies after discharging a firearm. The victim was a cab driver who stopped the man and his friends to ask if any of them had called for a cab. A friend told the driver…
Reasonable Suspicion and Transporting Meth for Sale in Arizona
In a recent Arizona meth crime decision, the court considered whether using or possessing several deadly weapons while perpetrating a drug felony should be considered just one offense under Arizona Revised Statutes (“A.R.S.”) section 13-3102(A)(8) and whether a defendant convicted of transporting methamphetamine for sale under A.R.S. § 13-3407(A)(7) should…
Aggravated Driving Under the Influence of Prescription Pills in Arizona
In a recent Arizona DUI decision, a defendant appealed his conviction for aggravated driving under the influence. The case arose just after midnight when the police arrested him for driving under the influence and performed an inventory search of his car. Inside his car, they found a pill bottle that…
The Guilty Except Insane Defense in Arizona
In a recent Arizona criminal case, a police officer answered a check vehicle call after police got reports of a white truck that was parked in a lane of traffic. The officer turned on his overhead lights and pulled up behind the truck. He came up to the driver’s window…
Medical Blood Draw as Evidence in Arizona Negligent Homicide
In a recent Arizona homicide case, the defendant appealed a conviction for negligent homicide. He argued that the lower court should have suppressed the blood alcohol content evidence, and he challenged whether the evidence was sufficient for a conviction. The case arose in 2012 when the police responded to a…
Arson Charges in Arizona
In a recent Arizona arson case, the defendant was convicted of arson of an occupied structure and criminal damage. He was sentenced to concurrent prison terms, and the longer term was 10.5 years. The appellate court explained that in 2013, the victim’s neighbor called 911 due to the house next…
Reasonable Suspicion of Dangerous Drugs in Arizona Dog Sniff Case
In a recent Arizona drug crime decision, a woman appealed her conviction for possession of dangerous drugs. The case arose in 2014, when a Tempe officer initiated a traffic stop of a car driven by the defendant. He’d seen a traffic violation. While stopping her, he saw her moving inside…