6/1/16 Debate continues on Federal corrections and sentencing reforms, while several states have taken the lead in effecting change on the State level. A sea change is underway around the country in the treatment and punishment of criminal offenders, as we seek ways to reduce prison overcrowding, lessen the collateral consequences of criminal convictions and…
6/1/16 Arizona Revised Statute 28-3511, the Impoundment statute, authorizes the impoundment of a vehicle if a person with a suspended license “is” or “was” driving the vehicle. In State v. Wasbotten, the defendant (Driver 2) challenged the legality of the seizure of illegal drugs from a rented vehicle he was driving, though he was not…
5/27/16 Police departments around the Valley are putting increased DUI patrols and command centers in place for the long Memorial Day holiday weekend. To see an interactive map with details of each department’s planned activities, see the ABC15.com article below: http://www.abc15.com/news/region-phoenix-metro/central-phoenix/map-valley-authorities-on-dui-patrol-for-memorial-day-weekend If you’ve been charged with DUI or another criminal offense, getting…
5/27/16 In a criminal case there are two types of challenges to prospective jurors, strikes for cause and peremptory strikes. When a prospective juror is stricken for cause it means that the judge has determined that something the prospective juror has said or about their background renders them unfit to set fairly and impartially on…
5/26/16 Background checks are not created equally. Many people are surprised to find that mere criminal arrests, and not only criminal convictions, can and do turn up during some background checks and might well hold them back from good life opportunities. In Arizona, the Arizona Supreme Court’s Public Access to Court Information website, and…
5/25/16 Highly publicized school shootings have created an atmosphere of fear in college campuses around the country, and in reacting to that fear some schools have put in place measures that needlessly prevent people with criminal convictions, and even sometimes merely high school disciplinary records, from applying to or attending college. Recent trends are…
5/25/16 Last week a Maricopa County Superior Court judge ordered the release of portions of bodycam video footage in the Philip Brailsford case, in which an ex-Mesa Police officer is accused of second-degree murder in the January 18, 2016 shooting death of Daniel Shaver. Because of the circumstances surrounding the killing, namely, that Mr.…
5/24/16 On May 18, 2016, conservative Arizona Governor Doug Ducey signed a bill increasing the number of justices on the Arizona Supreme Court from five to seven. According to an April 5, 2016 article in the Tucson Daily Star the expansion plan was opposed by five former Arizona Supreme Court Chief Justices. Former Chief Justice…
5/23/16 The second police officer to stand trial thus far on charges stemming from the death of Freddie Gray in Baltimore, Maryland, has been found not guilty on all charges by the judge. Officer Edward Nero was one of the first officers on scene to interact with Mr. Gray, though not implicated in the actions…
5/23/16 In a unanimous opinion issued on May 19, 2016, the United States Supreme Court held that a criminal defendant’s Sixth Amendment Right to a Speedy Trial does not apply to the sentencing phase of the proceedings. In Betterman v. Montana, No. 14–1457, the defendant plead guilty in Montana state court to the offense…


