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While not accepted as evidence at trial in most jurisdictions, presumptive field drug tests are routinely used as a plea bargaining tool against arrested persons. Further, the majority of crime labs do not submit evidence for laboratory testing when the defendant pleads guilty. The Houston Crime Lab has committed to a policy of doing just…
A hearing was held this morning in the United State District Court in the ongoing matter of Melendres, et.al. v. Arpaio, et.al. After a lengthy hearing, during which the majority of the discussion centered around the details of compensating the plaintiffs in the class-action suit (a case which has origin in a 2007 federal…
The Arizona Office of Highway Safety reported a total of 600 personnel working task forces all over the State this past Independence Day weekend. Though the number of traffic stops increased by nearly 4,500 over last year (16,696 this year compared to 12,105 for 2015), the number of DUI arrests only increased by 2, which…
Defendant whose attorney was assisted by law student was not denied effective assistance of counsel.
In Arizona, some law students can appear in court and participant actively in the proceedings pursuant to Arizona Supreme Court Rule 38. To be eligible to appear, the law student must file a certification with the court stating they meet certain requirements. In cases representing felony defendants a supervising attorney must be present at all…
In Arizona felony shoplifting includes two prior convictions within the past five years as elements of the offense. As is relevant, 13 A.R.S. § 1805(I) provides: “A person who . . . commits shoplifting and who has previously committed or been convicted within the past five years of two or more offenses involving burglary, shoplifting,…
7/1/16 The Double Jeopardy Clauses of both the United States and Arizona Constitutions prevent multiple convictions for the same conduct arising from the same incident. In State v. Jurden, Arizona Supreme Court, No. CR-15-0236-PR, (7/1/16), the defendant was charged and convicted for two violations of Arizona’s resisting arrest statute, 13 A.R.S. §2508. The conduct at…
6/30/16 Arizona Rules of Evidence Rule 410(a)(4) provides, “a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.” is not admissible as evidence against the defendant. In State v. Gill, Court of Appeals…
6/29/16 Two Phoenix men have been arrested and charged in the shooting of a man they suspected to be driving under the influence (DUI). The incident, which took place on Monday in the Blue Ridge section of Coconino County, began when the men noticed what appeared to be a DUI driver behind them. Themselves…
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…