Arizona Court of Appeals
These cases discuss decisions issued by the Arizona Court of Appeals. Most are memorandum decisions. Memorandum decisions are not legal precedent for other cases. Memorandum decisions are a good guide for what it takes to be found guilty of a felony DUI in Arizona. They also show what the sentences could be. Almost all these…
Domestic Violence is a serious matter. Having said that conduct which is not necessarily violent can be classified as “Domestic Violence”. When police respond to a 911 Call regarding Domestic Violence they can charge a person for one or more domestic violence crimes. A very common charge is Disorderly Conduct alleging “Seriously Disruptive Behavior” under…
Arizona can be a very harsh state for Criminal & DUI cases. A defendant in Navajo County recently found out how harsh in a recent Court of Appeals decision. In March 2023, the defendant was involved in a car crash in which his four-year-old son suffered a serious physical injury. The State charged the defendant…
In In re $15,379 IN U.S. Currency, No. 2 CA-CV 2015-0166 (12/22/16), the Arizona Court of Appeals held that a trial court erred when it refused to order a County Attorney to return currency which had been seized from an appellant after the civil forfeiture proceeding in which the County Attorney sought to…
In State v. Linares, No. 1 CA-CR 15-0810 (1/01/17), the Arizona Court of Appeals reversed a restitution award because the court held the award was for a cost incurred in the investigation of the crime, and not a cost incurred as a direct result of the defendant’s criminal actions. In an Arizona criminal…
The Arizona Court of Appeals in State v. Francis, No. 1 CA-CR 16-0051 (1/3/17), held that the crime of promoting prison contraband requires proof the defendant knew the item of property was in fact prison contraband. In the case, the defendant was detained at a Jail Annex on unrelated charges. Officers took the defendant’s…
In State v. Cope, No. 1 CA-CR 14-0596, (12/30/16), the Court of Appeals held that the offense of Shoplifting under 13A.R.S. § 1805.A.1, is a lesser included offense of Organized Retail Theft, 13 A.R.S. § 1819.A.1 and therefore the defendant could not be convicted of and punished for both offenses. The court went on…
On December 22, 2016, in a divided 2-1 decision, in Ishak v. McClennen, No. 1 CA-SA 16-0134 (12/22/16) Division One of the Arizona Court of Appeals held that for Medical Marijuana DUI cases in which the defendant wishes to have the jury instructed on the Arizona Medical Marijuana Act (AMMA) Cardholder affirmative defense, the…
Division Two of the Arizona Court of Appeals recently held that the trial court erred when it refused to suppress the use at trial of drugs and illegal weapons found in a search of an alleged shoplifter’s backpack. In the case, State v. Synder, No. 2 CA-CR 2015-0077, 10/7/16, the defendant was detained and…
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…