October 2010

ARIZONA CRIMINAL LAW: Sometimes It Is Just About Fairness

The Arizona Supreme Court’s holding in State v. Geeslin was a rare event. In most circumstances, when a court makes a mistake, a formal objection to the court’s ruling must be found in the record. Put another way: if you fail to object to a court’s decision, you waive your right to appeal the ruling. However, as shown in Geeslin, there are some exceptions. In Geeslin, the defendant was arrested for putting shoplifted goods in a stolen vehicle and was

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Do We Really Care About Prosecutorial Misconduct?

In my experience most prosecutors play by the rules.  They know their ethical duties and abide by them.  However, I, along with many of my colleagues, have observed a growing number of prosecutors that have no problem stepping over the ethics line.  The issue seems more to do with ignorance than intent. For the most part, the public is unaware of this growing problem.  It is only when the misconduct is so outrageous and the victim has the means to

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