Last month, an Arizona court of appeals delivered an unfavorable decision for a defendant convicted of aggravated assault. The defendant was found guilty of the assault after a jury trial, and she promptly appealed by arguing that some of the evidence admitted at trial should not have been part of…
Arizona DUI & Criminal Defense Attorney Blog
Arizona Court of Appeals Sides with Defendant in Recent Firearms Case
In a recent case before an Arizona court of appeals, the defendant was granted a new trial after the court found that the trial court judge gave the jury misleading instructions. Originally, the defendant was found guilty of second-degree murder and disorderly conduct with a firearm. Once the court of…
Defendant in Sexual Assault Case Unsuccessfully Appeals Guilty Verdict
Last month, a defendant involved in a sexual assault case appealed his convictions of kidnapping, sexual assault, and sexual conduct with a minor. Originally, the State of Arizona had brought charges against him for incidents with four different victims under the age of 18. The defendant’s case went to trial,…
Appellate Court Affirms Arizona Defendant’s Theft Conviction
In a recent Arizona car theft case, the defendant unsuccessfully appealed his conviction and sentence for theft of a means of transportation. The trial court sentenced the defendant to an enhanced, aggravated prison term of fourteen years. On appeal, the defendant challenged the sufficiency of the evidence to support his…
Convicted Felon Denied Restoration of Gun Rights by Arizona Court of Appeals
Arizona residents who have been convicted of a felony criminal offense are automatically restricted from owning firearms after their conviction is entered. Arizona law allows restricted persons to later petition the court to set aside their felony convictions and restore the right to own firearms. Felons with non-dangerous felony convictions…
Arizona Court of Appeals Affirms Lower Court’s Denial of Defendant’s Motion to Suppress Text Messages
This past month, an appeals court in Arizona ruled on a defendant’s appeal of the lower court’s decision on his motion to suppress. After the defendant had been charged with a series of violent crimes, he asked the trial court to suppress evidence of incriminating messages that investigators found on…
Arizona Defendant in Drug Case Loses Appeal on Emergency Exception to Warrant Requirement
In a recent case before an Arizona court of appeals, the defendant asked the court to reconsider his guilty conviction for producing marijuana. Originally, the defendant was criminally charged after police officers searched his house in response to a 911 emergency call. On appeal, the defendant argued the search was…
Aggravated Assault Conviction Affirmed Despite Victim’s Attempted Recantation of Complaint
A common theme in Arizona domestic violence prosecutions involves the changing stories and testimonies of alleged domestic violence victims as a case progresses toward prosecution and conviction. Often, complaining victims may exaggerate or fabricate evidence of domestic violence in response to a domestic altercation, or to offset allegations of violence…
Defendant Unsuccessfully Argues that Prosecution Appeals Too Strongly to Jury’s Emotions in Sexual Assault Case
Last month, the Arizona Court of Appeals ruled on a defendant’s appeal in a sexual assault case. After a lengthy trial in the lower court, the defendant was found guilty of sexually assaulting his minor niece. On appeal, the defendant made several arguments, arguing the guilty verdict was unfounded and…
Arizona Defendant Unsuccessfully Argues for Suppression in Drug Case
In a recent case before the Arizona Court of Appeals, the defendant argued against his conviction for the possession or use of dangerous drugs. On appeal, the defendant argued that the two officers that found drugs on his person infringed on his constitutional right to be free from unreasonable searches…