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Category: Appeals

Supreme Court Upholds Warrantless Apartment Search

February 26th, 2014

The U.S. Supreme Court, in Fernandez v. California, has upheld the warrantless search of an apartment when the suspect objected, but his girlfriend (and co-occupant) consented to the search after the suspect was arrested.

The court made an exception to its prior decision in Georgia v. Randolph, which held police cannot search a home when one person …

Due Process, Half-Truths, And Brady Material

November 1st, 2013

Real justice means everyone accused of a crime gets a fair process to defend against the accusations. In many cases due process happens. Our system of justice, however, requires that occurs in all cases. This isn’t exactly an onerous requirement. It starts with the truth.

The truth means…



…the whole truth, not a half-truth. A half-truth is a type …

Executive director of Arizona Medical Board fired

October 14th, 2013

By Yvonne Wingett Sanchez and Mary K. Reinhart
The Republic | azcentral.com

Days after a scathing report accused her of violating multiple state laws and rules, a divided Arizona Medical Board on Saturday fired longtime Executive Director Lisa Wynn during a hastily called special meeting.

That meeting came after Wynn refused to step down.

Board Chairman Gordi Khera called …

DUI Conviction Overturned – Court Erred By Denying Continuance

September 20th, 2013

Six days before his trial, Defendant moved for a continuance in order to substitute new counsel.  Defendant stated:

  • He had concerns with “his current attorney’s defense strategies and trial presentation;”
  • He also explained to the trial court he was uncomfortable with the firm he originally had hired after being transferred between attorneys several times;
  • He did not have the

DUI Posts: From My DUI Blog

September 17th, 2013

Here are the latest posts from my DUI Blog:

  • A Reported Result vs. A Complete Result

In DUI cases, a machine called a gas chromatograph is often used to measure an alcohol concentration in a blood sample.   The measurement, which the machine prints at the end of the process, is called a reported result.  We are finally at …

New Times: Bill Montgomery Opposes Ethics Rule Requiring Prosecutors to Reveal Evidence of Wrongful Convictions

August 8th, 2013

Stephen Lemons | New Times

As Maricopa County Attorney Bill Montgomery fights to keep Debra Milke behind bars pending a retrial on her overturned murder conviction, he also is fighting a proposed rule to the State Bar of Arizona that would require prosecutors to act on new evidence of a wrongful conviction.

For the past two years, the Arizona …

Milke Wants MCAO Conflicted Off The Case

August 1st, 2013

Here is latest news article on the Milke case. It discusses the potential conflict of interest issues with the Maricopa County Attorney’s Office (MCAO) prosecuting her case after the 9th Circuit Court of Appeals reversed her conviction. The court’s ruling was based upon MCAO’s prior violation of their duty to disclose exculpatory evidence pursuant to Brady v. Maryland

The Milke Case Moves Forward

July 9th, 2013

Yesterday I included the Milke case as one of my favorite Brady decisions. For the non-lawyers, Brady refers to the U.S. Supreme Court case of Brady v. Maryland which held that when the government withholds exculpatory evidence it is a violation of due process “where the evidence is material either to guilt or to punishment.”

Think of it this …

Seven Brady Cases You Should Know

July 8th, 2013

Here are my seven favorite Brady decisions:

1. BRADY V. MARYLAND, 373 U.S.83 (1963)

Both Brady and his co-defendant were found guilty of first-degree murder and sentenced to death. After trial, the prosecutor disclosed to Brady that the co-defendant admitted to the homicide. The court held that the prosecutor’s suppression of the confession violated the Due Process Clause …

Arizona Case Law Update – The First Daubert Decision

February 21st, 2013


This month the Arizona Court of Appeals rejected the argument that a judge does not have the discretion to hold a pretrial hearing on the reliability of scientific evidence. Since January 1, 2012 when Arizona adopted the Federal Daubert standard for safeguarding against junk science, several prosecutorial agencies have tried to persuade trial courts that things were “business as …

Arizona Criminal Defense Lawyer Blog

The Arizona Criminal Defense Lawyer Blog is published by Koplow Law Firm. Our criminal practice experience includes a wide variety of defense representation and cases; and is led by Lawrence Koplow, a former prosecutor with the Maricopa County Attorney's Office.

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