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Category: Criminal Law

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 …

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 Latest Ruling In the Massachusetts Crime Lab Scandal

July 28th, 2013

Here is an update of the Massachusetts Crime Lab Scandal:

• In June, 2011, allegations of misconduct at the William A. Hinton State Laboratory Institute in Jamaica Plain (Hinton drug lab) surfaced regarding work performed by Annie Dookhan, a chemist who had been employed in the forensic drug laboratory since November 2003.

• Following an internal review, the Department …

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 …

Knock knocking your way to a guilty verdict

June 25th, 2013

“Knock, knock.”

“Who’s there?” says George Zimmerman.

Answer – a guilty verdict.

http://tinyurl.com/pzudpa7…

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 …

Do We Really Care About Prosecutorial Misconduct?

October 18th, 2010

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

August 18th, 2010

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 …

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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