Arizona Appeals Court Ruling in McNulty Highlights Importance of Trial Record in Criminal Defense
A recent decision from the Arizona Court of Appeals highlights how the outcome of an appeal often depends on what was preserved in the trial court record. In State v. McNulty, the court affirmed a conviction for robbery and related charges, emphasizing how much deference appellate judges give to what happened at trial. If you face felony charges in Arizona, your defense must start preparing for possible appeals the moment your case begins. The details that go into the record at trial may control your options later.
You have the right to appeal if you are convicted, but appeals focus strictly on the record from your original trial. That means every objection, motion, and legal argument must be properly presented and preserved. Without it, even strong arguments may be impossible to raise on appeal.
How Arizona Courts Review Criminal Appeals After a Felony Conviction
The case involved a robbery conviction out of Mohave County. The accused challenged multiple issues on appeal, including evidentiary rulings, sufficiency of the evidence, and sentencing. The court considered whether the trial judge had committed reversible error or if the verdict stood on a solid legal foundation.
Arizona appellate courts apply a high threshold for overturning convictions. Judges reviewing an appeal do not reweigh the evidence or decide guilt again. Instead, they ask whether any legal errors occurred and whether those errors impacted the outcome. In McNulty, the court found that the evidence supported the verdict and that the trial court acted within its discretion.
The opinion highlights how important it is for defense attorneys to preserve every issue during trial. If an objection is not raised at the moment, the court may consider the issue waived. Even when the court reviews unpreserved matters, it does so only for fundamental error, which sets a much higher bar.
How Trial Records Shape Your Appeal in Arizona
Every appeal begins and ends with the record. That includes:
- All testimony presented at trial;
- Every document entered into evidence;
- Transcripts of court hearings and arguments;
- Objections made by the attorneys; and
- Jury instructions and verdict forms.
Once a case moves to the appellate level, you cannot add new facts or evidence. If your defense lawyer failed to object to a questionable ruling or did not request a specific jury instruction, you may lose the chance to raise the issue later.
This is one reason why preparation matters at every stage of your case. Trials are not only about persuading the jury. They are also about protecting your rights in case the verdict goes against you.
What You Need to Win a Criminal Appeal in Arizona
Appeals are not second trials. You cannot simply say the outcome was unfair or that the evidence should have been interpreted differently. You must show that the trial court made a legal error and that the mistake affected the verdict or sentence.
In McNulty, the court explained that it gives deference to the trial judge’s factual findings. That means the judge’s decision to allow or exclude evidence, instruct the jury a certain way, or rule on a motion will usually be upheld unless clearly wrong. You need to work with an attorney who understands how to preserve each legal issue and make a clear record for appeal.
What You Should Do If You Are Facing Felony Charges in Arizona
If you are charged with a felony, start thinking about your appeal before trial even begins. Your defense lawyer should:
- File motions to suppress improper evidence;
- Object to faulty jury instructions;
- Request specific rulings on the record; and
- Prepare for post-trial motions and appellate review.
Even if your case never goes to trial, your attorney’s efforts at the early stages can affect how the judge rules and whether any plea deal is worth considering. Arizona prosecutors take full advantage of the rules. You need someone who can do the same for your defense.
Call an Arizona Criminal Defense Attorney Who Knows How to Protect the Record
If you are facing serious charges in Arizona, you need more than courtroom presence. You need a legal defense that prepares for trial and appeal simultaneously. At The Law Office of James E. Novak, we defend clients with precision and preparation. Attorney Novak knows how to protect your rights during every phase of the case, from arrest to appeal.
Call (480) 413-1499 today to schedule a free consultation. We will review your situation and explain how to build a defense that stands up in court and on appeal.
