Articles Posted in Violent Crime

Recently, a defendant in Arizona was found guilty of six counts of first-degree murder. He appealed his convictions, arguing in part that one of the jurors in his trial had external knowledge of a previous crime that he had committed. According to the defendant on appeal, this knowledge prejudiced the juror against him, and the trial court should have granted his request for a mistrial. The higher court reviewed the trial record and ultimately disagreed, finding that the juror credibly stated she did not remember that the defendant had been accused of another crime several years prior.

Arizona Rule of Criminal Procedure 24.1

Under Arizona Rule of Criminal Procedure Rule 24.1, a court may order a new trial either on the defendant’s motion or with the defendant’s consent. The defendant in this case moved for a new trial under this rule, arguing that one juror intentionally hid the fact that she knew the defendant was convicted of a previous murder. The trial court denied the defendant’s request, concluding that 1) the defendant did not show that the juror failed to disclose any knowledge and 2) regardless, the defendant failed to show any prejudice that resulted from the possible knowledge.

The defendant appealed. In the higher court’s opinion addressing the appeal, it noted that the juror testified that she knew about the previous murder, but she also indicated that she did not remember that the defendant in the case before her had been convicted of that murder. The court found this testimony to be credible; that is, it found it reasonable that the trial court relied on the juror’s testimony when deciding not to grant the defendant a mistrial.

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In general, when an officer puts a suspect under custodial interrogation, the officer must give the suspect Miranda warnings. That is, the officer is required by law to tell the suspect that he has the right to remain silent and the right to an attorney. In some limited exceptions, though, these warnings are not necessary.

A recent case out of the Arizona Court of Appeals, Division One, highlights such an exception. In this case, an officer stopped the defendant on an unrelated charge. He removed one firearm from the defendant’s car. Before the defendant left, the officer learned that the defendant was a suspect in an armed robbery and aggravated assault case. The officer then re-approached the defendant, asking if he had an additional weapon in the vehicle. At that point, the defendant replied that he did have a gun in the car.

Later, the State indicted the defendant on armed robbery, aggravated assault, and misconduct involving weapons. The defendant filed a motion to suppress the weaponry evidence, arguing that the officer asked about the second weapon before providing the necessary Miranda warnings.

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In a recent case before an Arizona court of appeals, the defendant argued that his convictions and sentences for aggravated assault should be reversed. According to the defendant, the expert that testified on behalf of the prosecution during trial should not have been allowed to present himself as an expert. The court of appeals reviewed the officer’s qualifications, disagreed with the defendant’s analysis, and ultimately denied the defendant’s appeal.

Facts of the Case

According to the court-issued opinion, the defendant in this case was driving 80 miles per hour in a 40 mile per hour zone. His car hit another car from behind, and both vehicles flipped over and eventually stopped on a nearby embankment. The driver of the front car was taken to the hospital, and doctors later diagnosed her with fractured bones, fractured ribs, a broken sternum, and lacerations throughout her body.

The defendant was charged with aggravated assault, and a jury convicted him as charged. The trial court then sentenced the defendant to three different prison terms for each of the three counts of aggravated assault of which he was found guilty. He promptly appealed the findings.

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In a recent criminal case before an appellate court in Arizona, the defendant challenged the trial court’s decision to deny his motion for a new trial. Originally, a jury found the defendant guilty of several crimes, including aggravated assault and attempted arson. He filed a motion for a new trial after the jury returned a guilty verdict, arguing that the evidence at trial did not support the jury’s ultimate decision. Once the trial court denied this motion, the defendant appealed.

Facts of the Case

According to the opinion, the defendant assaulted his partner in her home. The defendant’s partner was ultimately able to escape, but when she returned to the home about half an hour later, the defendant immediately asked her if she smelled any gas. It became clear to the partner that the defendant was attempting to burn the house down.

The partner called 911, and emergency responders quickly arrived at the scene. The firefighters were able to keep the explosion from happening, and police officers arrested the defendant. He was charged with the following crimes: felony endangerment, aggravated assault, attempted sexual assault, kidnapping, and attempted arson.

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In a recent case before an appellate court in Arizona, the defendant asked the court to interpret a 2022 amendment to Arizona law in a way that would favor overturning his guilty verdict. Originally, the defendant was charged with and found guilty of first-degree murder. After receiving his guilty verdict, the defendant appealed, arguing that the higher court should closely critique the trial court’s decision to allow a certain jury member to serve on the case. Looking at the 2022 amendment regarding jury selection as well as the facts of this case, the higher court denied the defendant’s appeal.

Facts of the Case

According to the opinion, the defendant went to trial on charges after he allegedly murdered his girlfriend. Before trial, both the prosecution and the defense proceeded with questioning potential jury members. The defense attorney objected to one juror in particular, who had close connections in her personal life to the kind of case that was on trial. The trial court, however, allowed the juror to serve, and the trial went forward.

The defendant was found guilty, and he promptly appealed.

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In a recent case before an appeals court in Arizona, the defendant asked the court to reconsider his convictions for aggravated assault and child abuse. He primarily argued that the trial court should not have denied a motion to suppress incriminating evidence – the denial of the motion was unfair, and it eventually contributed to his guilty convictions. Examining the trial court’s decision, the court of appeals denied the defendant’s argument and decided against siding with the defendant.

Facts of the Case

According to the opinion, this case began when a mother brought her 8-month-old baby to an emergency room due to a head injury. Doctors examined the baby and learned he had been shot in the head. The baby went through treatment, and he eventually left the hospital with cerebral palsy, impaired vision, and a lifelong increased risk for seizure. The doctors considered the baby lucky to be alive.

Investigators began trying to figure out how the baby got shot. Officers obtained a search warrant and went to the baby’s father’s home, where they found a pellet gun rifle, pellets, and a car seat covered in blood. Two officers interviewed the baby’s dad in a patrol car that same day, and he admitted that he might have accidentally shot his baby while shooting quail.

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