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Gordon Thompson
DUI & Criminal Attorney
  • AZ Supreme Court: AMMA Does Not Immunize Doctors From Prosecution For False Attestation

    May 9, 2016

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    5 min read

    5/9/16  In State v. Robert Gear, the defendant is a phyisician.  He was indicted in Navajo County Superior Court for one count of forgery under A.R.S. § 13–2002 and one count of fraudulent schemes and artifices under A.R.S. § 13–2310.  The basis of the prosecution is a contention that the defendant falsely attested he had…

  • Court of Appeals Holds Presence in High-Crime Area With Others Who Flee Police and Have Drugs on Them Justifies Search of Person Who Shows No Other Indication Of Criminal Activity

    May 9, 2016

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    5 min read

    5/9/16  In State v. Anthony Benard Primous, Ct. Apps., No. 1 CA-CR 15-0181 (5/5/16) the defendant was charged with possession of marijuana which was found on his person after he was searched by a Phoenix Police Officer.  In the trial court the defendant filed a motion to suppress the use of the marijuana by alleging…

  • Court of Appeals Hold Police Had Reasonable Suspicion to Hold Suspect for Show-Up

    May 6, 2016

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    4 min read

    5/6/16  In State v. Angel Pete Ruiz, No. 2 CA-CR 2015-0036, (4/27/16), the defendant was charged with multiple offenses including aggravated robbery.  The relevant facts are as follows: in November 2013, a homeland security agent (Agent) conducting undercover surveillance at a truck stop watched six to eight men move bales of marijuana from a trailer…

  • DUI patrols increase for Cinco de Mayo

    May 5, 2016

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    1 min read

    5/5/16  Valley cities will employ increased DUI patrols beginning today through Saturday, for the Cinco de Mayo holiday.   DUI Task Forces are scheduled by several local agencies, including Arizona Department of Public Safety, Maricopa County Sheriff’s Office, ASU Police and the cities of Chandler, Gilbert, Tempe and Scottsdale.  Phoenix Police will also be increasing…

  • Court of Appeals holds Acquittals Reversal Violates Double Jeopardy

    May 5, 2016

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    3 min read

    5/5/16  In State v. Angel Pete Ruiz, No. 2 CA-CR 2015-0036, (4/27/16), the defendant was charged with multiple offenses including aggravated robbery. The case was tried to a jury. During trial (and presumably at the conclusion of the State’s case) the defendant made a motions for judgment of acquittal on two counts. The trial judge…

  • Probation Extension for Nonpayment of Restitution Extends All Terms of Probation

    May 4, 2016

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    3 min read

    5/4/16  When a defendant is on felony probation, if the prosecutor or probation officer believes the defendant has violated a term of probation they can commence a violation of probation proceeding. If the defendant is found by the court to be in violation it can extend the probation term by up to 5 years. In…

  • AZ Supreme Court says Prosecution waived probable winning argument

    Apr 28, 2016

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    3 min read

    4/28/16  On April 26, 2016, the Arizona Supreme Court issued two decisions involving persons arrested under Arizona DUI Implied Consent laws.  See my blog about the Valenzuela case for the arguments.  In a similar case, State v. Brown, involving the same issues but for the Implied Consent Law for Boating Under the Influence (OUI), the…

  • Refusal to continue trial because of late attempted Substitution of Attorney upheld

    Apr 27, 2016

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    3 min read

    4/27/16  In a recent Division Two case the Court of Appeals upheld the trial court’s refusal to continue a jury trial because the defendant substituted a new private attorney 9 days before the trial date.   In State v. Ramos, the defendant was charged in October, 2013, with prescription drug forgery offenses.  On July, 28,…

  • AZ Supreme Court: Implied Consent admonitions do not create consent

    Apr 27, 2016

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    6 min read

    4/27/16  Arizona Implied Consent Law says that a person arrested on suspicion of DUI charges must submit to whatever chemical tests (breath, blood or urine) that the police say they must submit to. The admonition officers read to the arrested person also provides that if the person does not submit to the designated tests their…

  • Untimely Disclosed Alibi Witness Precluded from Testifying

    Apr 25, 2016

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    2 min read

    4/25/16  In a recent Division Two case, the Court of Appeals upheld the trial court’s preclusion of a defense alibi witness because the defendant’s disclosure of the witness’s existence was too close to trial. In State v. Ramos, the defendant was charged in October 2013 with drug prescription forgery offenses. On July 22, 2014, the…

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