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,…
Arizona DUI & Criminal Defense Attorney Blog
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…
Arizona Court Denies Defendant’s Appeal, Deciding Evidence at Trial Was Properly Authenticated
Recently, an Arizona court denied a defendant’s appeal in an aggravated assault case. Originally, the defendant was convicted of two counts of aggravated assault and two counts of assisting a criminal street gang by committing aggravated assault. On appeal, the defendant argued that the trial court improperly admitted evidence showing…
Arizona Court Denies Defendant’s Appeal in Aggravated Assault Case
Late last month, the Arizona Court of Appeals considered whether a defendant acquitted of a disorderly conduct charge should be granted reconsideration of a separate aggravated assault charge. The defendant involved in the case had originally been charged with both disorderly conduct and aggravated assault, but a jury acquitted him…