James E. Novak
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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 opinion issued by the Arizona Court of Appeals, Division Two, the court overturned a defendant’s convictions for sexual conduct with a minor and indecent exposure to a minor. The opinion highlights the fact that trial courts must make a careful decision when one party requests to close the courtroom during trial. In this case, the State asked to keep nonessential people outside of the courtroom while the victim in the case testified. On appeal, the defendant argued that this decision to close the courtroom was unconstitutional, and ultimately, the higher court agreed.

Proceedings Before the Lower Court

The defendant was originally criminally charged after the victim, the daughter of his girlfriend, came forward and indicated that he had been sexually assaulting her for several years. According to the victim, the defendant was in charge of looking after her while her mother worked overtime, and it was during these instances that he would force her to have sex with him.

The defendant’s case went to trial, and the victim took the stand to testify. Court records indicate that the girl was 16 at the time of trial and that she was very nervous about testifying. A few minutes into her testimony, the State asked the trial court judge if he would close the courtroom and tell all “nonessential” individuals to leave the proceedings. The defense objected, but the trial judge decided to close the courtroom in order to give the victim some privacy.

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In a recent case before the Supreme Court of the State of Arizona, the defendant appealed his convictions and sentences stemming from a series of sexual assaults. On appeal, the defendant argued that because he committed the offenses when he was a minor, the superior court did not actually have the authority to hear his case, given that the case should have been heard in a juvenile court. Considering the defendant’s argument, the court ultimately denied the appeal but remanded the case back to the lower court for re-sentencing.

Offenses at Issue

In this case, the defendant sexually assaulted and abused three younger children between 2006 and 2008. At the time he committed the crimes, the defendant himself was a minor. The State learned about the offenses after the defendant turned 18 and he was charged with two counts of sexual conduct with a minor and three counts of child molestation.

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Facing criminal charges, especially those related to sex crimes, is a daunting experience. If you or a loved one is seeking the services of a criminal defense attorney in Arizona, understanding the complexities of the legal landscape is crucial. In a recent judicial opinion, the Arizona Court of Appeals discussed the admission of prior bad acts evidence in a sex crime prosecution as a key issue. Whether a prosecutor is allowed to submit evidence to a jury that unfairly prejudices a defendant is often the defining factor in a case.

In the recently decided case, the defendant was convicted of sexual conduct with a minor under fifteen years of age. The victim had been adopted into the defendant’s family, creating a step-sibling relationship with the defendant. The case hinged on the State’s allegations of emotional harm suffered by the victim as an aggravating circumstance. In support of their case, the prosecution sought to introduce evidence of prior bad acts committed by Fichtelman against another victim who was sexually abused at the age of 11. The court’s decision to admit this evidence became a pivotal point in the trial.

A critical aspect of the case was the admission of other acts into evidence related to the defendant’s prior misconduct with the other victim. The court’s decision to allow this evidence, highlights the delicate balance between relevance and potential prejudice. The Court narrowed their ruling, limiting the evidence to one prior conviction and excluding certain details, allowing the court to remain committed to offering the defendant a fair trial.

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The legal landscape surrounding criminal investigations can be complex, and understanding the nuances of key documents like probable cause affidavits and search warrants can make the difference in whether a defendant is convicted of the crime that they are charged with. The Arizona Court of Appeals recently released an opinion that can shed light on the differences between probable cause affidavits and search warrants under Arizona law.

According to the facts and procedural history discussed in the appellate opinion, the defendant faced convictions for fraudulent schemes and artifices, burglary, and theft. The case originated from a series of burglaries where victims were lured from their homes by fake FedEx calls, leading to the theft of valuable items. Law enforcement, during the investigation, obtained the phone records of one victim, revealing a prepaid T-Mobile phone linked to the crimes.

Probable Cause Affidavit and Court Orders

In December 2015, law enforcement, armed with a probable cause affidavit, sought a court order to obtain cell site location information (CSLI) for the prepaid phone, citing relevant statutes. The affidavit outlined the need for GPS information and subscriber data. A judge, finding probable cause, issued the requested order. Despite facing challenges, including a typographical error in subsequent requests, law enforcement obtained the necessary orders, enabling GPS tracking of the phone.

The Search Warrant and Evidence Seizure

The GPS data led law enforcement to the defendant’s address, culminating in the issuance of a search warrant for his home. Executing the warrant, detectives discovered incriminating evidence, including tools and chemicals related to jewelry disassembly and a stone resembling one stolen during a previous burglary.

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In a recent case before an Arizona court of appeals, the defendant challenged his guilty verdict based on the trial court’s definition of the word “education.” The case centered on the defendant’s insistence that his scattering dead body parts in public areas was not a crime, but instead was an attempt to educate the public. The jury disagreed, and the higher court ultimately denied the defendant’s appeal.

Facts of the Case

According to the opinion, the defendant in this case worked for a body donation center in Washington. He moved to Arizona, and he decided to take several human body parts along with him when he moved. Oddly, the man then scattered the body parts in the Arizona desert. This was important, the defendant later claimed, because he needed to educate passersby on public safety issues. He did not, however, offer a coherent statement about how the body parts would achieve his stated purpose.

Pedestrians found the body parts, and investigators traced them back to the defendant’s previous place of work, which they then back to the defendant himself. The defendant was charged with abandonment and concealment of a dead body. He pled not guilty, but a jury found him guilty as charged. The trial court sentenced the defendant to 2.5 years in prison. He promptly appealed.

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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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If you find yourself facing criminal charges in Arizona, understanding the appealable issues is crucial for exploring all possible avenues for relief. The Arizona Court of Appeals recently released a decision in an appeal filed by a man who appealed his convictions for armed robbery, felony murder, attempted armed robbery, conspiracy to commit armed robbery, and aggravated robbery. The legal opinion in this case sheds light on important aspects of the trial and appeals process in Arizona.

According to the facts discussed in the recently published appellate opinion, the defendant in the case was charged with robbery, conspiracy, and felony murder charges that stemmed from a conspiracy to rob a marijuana seller. Despite not directly participating in the robbery, the defendant received a life sentence, prompting an appeal. The court affirmed his convictions and sentences, emphasizing the importance of an attorney to address any arguable issues during the appeals process. The Court discussed several potentially appealable issues that were present in the case, although the conviction was ultimately affirmed, nonetheless.

Ineffective Assistance of Counsel

The defendant’s counsel filed a brief under Anders v. California, certifying that no arguable question of law was found. However, he requested an extension to review trial transcripts, signaling potential issues with his legal representation. This highlights the importance of raising any arguable issues during the appeals process to ensure a fair defense.

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In a recent sexual abuse case before an Arizona court of appeals, the defendant argued that his conviction should be reversed because of evidence that was unreasonably admitted during his trial. The defendant was originally charged after a client at his massage therapy business alleged that he inappropriately touched her during their massage session. The defendant’s case went to trial, and he was found guilty. The defendant went on to appeal the decision, but the higher court ultimately affirmed the guilty conviction.

Facts of the Case

According to the opinion, the defendant worked as a massage therapist at a local business. A woman came in for a massage, and during the massage, the defendant began touching her inappropriately with both his hands and his genitalia. The woman left the massage room and called 911 to report the incident.

The defendant was charged with two counts of sexual abuse. His case went to trial, and he was found guilty. The defendant promptly appealed.

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In an October 2023 criminal case on appeal in Arizona, the defendant took issue with the trial court’s decision about how long he should be incarcerated after a jury found him guilty of aggravated DUI. Originally, the defendant was charged with aggravated DUI while he was on probation for two other convictions. Once he was found guilty, the trial court took both of his convictions into consideration when deciding his sentence. The defendant appealed this decision, but the higher court ultimately affirmed the lower court’s ruling.

Facts of the Case

According to the opinion, the defendant was driving in December 2019 when officers pulled him over driving under the influence. The State charged the defendant with aggravated DUI and asked the trial court to revoke the defendant’s probation from both a 2010 felony DUI conviction and a 2013 misdemeanor DUI conviction.

The defendant’s case went to trial, and a jury found him guilty after four days of hearing evidence. The court then sentenced the defendant to over seven years in prison. The defendant promptly appealed.

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