6/29/16 In Arizona both the defendant and the State have the right to a peremptory change of judge, meaning a change with very few limitations. The notice of change of judge may be filed within ten days after Arraignment. Only one peremptory change of judge is allowed per party. In Woodington v. Browning and…
6/23/16 The United States Supreme Court issued a ruling today upholding the constitutionality of the University of Texas’ using affirmative action as a factor in its admissions decisions. The decision affirms the ideals behind affirmative action, recognizing the value in achieving diversity in higher education. Affirmative action is a policy, in use around the…
6/22/16 In State v. Jean, No. 1 CA-CR 14-0444 (6/21/16) the defendant was charged with possession of drugs. Arizona Department of Public Safety (DPS) officers had information that a commercial truck was being used to transport drugs. To further their investigation the DPS, and without obtaining a search warrant, placed a GPS tracking device on…
6/22/16 Two House bills aimed at blocking the effectiveness of the Deferred Action for Childhood Arrivals (DACA) immigration policy have been defeated. Since 2012, the DACA program has offered an opportunity for those brought to the US as children to earn a 2-year, renewable, legal non-citizen status if the person has no serious criminal…
6/21/16 Arizona’s Entrapment statute, 13 A.R.S. § 206(A), provides that to claim entrapment, the defendant must admit by the defendant’s testimony or other evidence the substantial elements of the offense charged. If a defendant is able to meet this burden then they are entitled to an Entrapment Jury instructions. In State v. Gray, CR20132758-001…
6/21/16 A recent report by the New York University School of Law’s Brennan Center for Justice indicated a national trend in the reduction of violent crime, including an overall 7% reduction in the national imprisonment rate. Unlike every other state, Arizona requires even non-violent offenders to serve 85% of their sentence. Arizona also has…
6/20/16 The Exclusionary Rule is a constitutional law principle which says in its basic terms that prosecutors should not be able to use evidence at trial which the police obtained illegally in violation of a person’s constitutionally guaranteed rights. The idea is the rights would mean nothing if the police could ignore those constitutional rights…
6/17/16 In Arizona, a DUI involving prescription medications can be charged as DUI impairment to the slightest degree (28 A.R.S. § 1381.A.1) and driving with a controlled substance in the person’s body (28 A.R.S. § 1381.A.3). An affirmative defense to the A.3 charge is that the person was using the drug in accordance with the…
Gordon Thompson
DUI & Criminal Attorney
(602) 467-3680
