Category: Appeals

Arizona Case Law Update – The First Daubert Decision

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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 …

A Quick And Dirty Daubert Explanation

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Daubert is the name of an United States Supreme Court case regarding the admissibility of scientific evidence: Daubert v. Merrell Dow Pharmaceuticals, Inc.  While the case was decided in 1993, it’s holdings are new to Arizona.  Despite some arguments to the contrary by a few luddites, Arizona adopted it on January 1, 2012.  Arizona’s change to a Daubert standard for …

Arizona’s New Medical Marijuana Law: What Does It Mean?

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With the recent passage of Proposition 203, voters made Arizona the 15th state (along with the District of Columbia) to legalize medical marijuana. The vote was a close one, with just 841,346 in favor and 837,005 opposed, just passing the 50% mark. The count from vote on election day, Nov. 2, was so close that the result wasn’t declared …

ARIZONA CRIMINAL LAW: Sometimes It Is Just About Fairness

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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 …

Do We Really Care About Prosecutorial Misconduct?

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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 …

Arizona Criminal Law: A Review Of What Happened To SB 1070

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On July 28, 2010 the federal district court issued an injunction to part of the highly publicized and talked about immigration bill in Arizona, known through-out the country as SB 1070.

Practically speaking, this means that part of the bill is not enforceable until the appellate courts determine its constitutionality. Judge Susan Bolton had to read the bill piece …

If It’s Broken, Does It Matter Who Broke It?

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At the core of the United States Constitution is the principle of Due Process.  In its most basic form, this principle provides that the government must respect all of the legal rights owed to the people. One of those legal rights is the guarantee of a fair trial to a person accused of a crime.A fair trial includes preventing …

Arizona Drug Law: I Bet You Never Knew How Important Your Blinker Was

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When being stopped by an officer there are many things that go through a driver’s head. “Was I speeding?” “Is there a taillight out?” “Did I swerve?” On the other hand, most people don’t usually think “did I use my blinker appropriately.” However, the issue of the appropriate use of a blinker, was one of the primary questions decided …

Is Reading And Writing A Requirement To Serve On A Jury?

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We should all be able to agree if you are charged with a crime, you should get a fair trial. An obvious prerequisite to a fair trial is that the jurors at least understand everything going on in the courtroom. That is, a juror should, at a minimum, be able to comprehend all evidence presented and understand the rules …

How To Almost Make Your Criminal History Go Away

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Criminal convictions can devastate a person’s future.  Even mere contacts (i.e. arrests, investigations or acquittals) with the criminal justice system can impact a person’s professional, social and financial welfare.  Arizona law does provide for some remedies to mitigate the impact of a history with the criminal justice system.  Many people ask the question,  “Can a criminal conviction be expunged?”  Arizona …