Arizona Supreme Court
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…
The starting point for most DUI investigations is the stop of the defendant’s vehicle by a police officer. An officer must have a legally acceptable reason to stop a vehicle. If a judge decides there was not a legally acceptable reason then all evidence obtained from the stop must be suppressed, meaning cannot be used…
In State v. Patrick McLeod Nissley, No. CR-15-0393-PR, (2/1/17), the Arizona Supreme Court held that nonconsensual warrantless blood draws as authorized by A.R.S. § 28-1388(E), Arizona’s Medical Blood Draw Exception, require the patient/ defendant either consent to medical treatment or be incapable of consenting to the treatment. The court also said the burden of…
Following legislation enacted this past May, and signed into law by Arizona Governor Doug Ducey, the two new Arizona Supreme Court Justice positions created by that legislation have been filled by Governor Ducey, changing the five-seat panel to a seven-seat panel. Republicans Andrew Gould, currently an Arizona Court of Appeals Justice, and John…
Arizona Supreme Court holds the owner of a cell phone does not lose their privacy expectation in the contents of their cell phone by leaving the phone unlocked in another person’s apartment. Arizona Supreme Court also held that an overnight guest in another person’s residence does not lose their expectation of privacy in their…
In State v. Sisco, II, No. CR-15-0265-PR (7/11/16), the Arizona Supreme Court held that the odor of marijuana alone may establish probable cause for the issuance of a search warrant, notwithstanding the terms of the Arizona Medical Marijuana Act (AMMA). In Sisco, police officers responded to a tip that a strong odor of fresh…
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…
6/21/16 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…
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…
5/9/16 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…