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Category: Homicide

Eve of Trial Evidence

March 25th, 2015

Defense Attorney: “I am moving to suppress the officer’s testimony.”

Prosecution: “Why? We disclosed the evidence as soon as we got it.”

-Flashback 12 hours-

It is the night before trial and your email shows a new message.  It is from the attorney you will be in trial with – tomorrow morning.   He writes, “We just realized that there

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

Zimmerman Verdict: A Behind The Scenes Fact

July 20th, 2013

I have seen jury consultant Robert Hirschhorn lecture several times (and stolen lots of his material for my own cases.) When It was revealed he worked on the Zimmerman case, I immediately understood how the defense overcame the “knock knock” joke in opening statements. Here is an article from USA Today explaining some of the jury selection strategies Hirschhorn …

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 …

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 …

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

June 25th, 2010

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 …

Why Murder Never Goes Unpunished

June 13th, 2008

I have done a number of speeches on DUI prevention.  During my speeches I always try to show what happens when a drunk driver kills another person.  It is easy to communicate what happens to the family of the deceased.  However, showing what happens to the person who kills another, beyond the legal consequences, is a more difficult task.  …

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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