Articles Posted in Uncategorized

Arizona Appeals Court Ruling in McNulty Highlights Importance of Trial Record in Criminal Defense
James Novak

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…

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Arizona Court Orders Resentencing After Trial Judge Misses Critical Record Review
James Novak

A recent Arizona Court of Appeals opinion demonstrates how a single procedural mistake during sentencing can result in a complete reversal. When a judge fails to personally confirm a prior conviction before issuing a harsher sentence, the sentence cannot stand. If you are accused of a crime in Arizona, you should have a defense attorney…

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Phoenix Appeals Court Upholds Sexual Assault Conviction Despite Objections to Police Interview
The Law Office of James Novak Team

If you’re facing serious felony charges in Phoenix and think certain statements made during a police interview might have tainted your trial, a recent Arizona Court of Appeals decision shows how difficult it is to overturn a conviction on those grounds. In State v. Narayan, decided in April 2025, the court upheld a sexual assault…

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New Affirmative Defense for DUI Marijuana or Impairing Metabolite in Arizona
The Law Office of James Novak Team

On November 20, 2015, the Supreme Court of Arizona decided Dobson v. McClennen (P.3d, 2015 WL 7353847, Arizona Supreme Court 2015). The decision has important implications for individuals that use medical marijuana and might have THC or its metabolite in their system but drive at a time when they are not impaired. Jokingly called the “Driving While a…

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How to Ensure an Impartial Jury in Serious Arizona Criminal Cases
The Law Office of James Novak Team

Criminal jury trials for serious offenses in Arizona are complex and high-stakes proceedings, where the fairness and impartiality of the jury are paramount. Arizona law requires that jurors remain unbiased and free from outside influences that could cloud their judgment. However, achieving this ideal can be challenging, as jurors are human beings who bring their…

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How Does a Court Determine if a Juvenile’s Confession is Voluntary?
The Law Office of James Novak Team

Under Arizona law, courts must assume that any juvenile suspect’s confession to a crime is involuntary, unless there is reason to think otherwise. This means that if a young individual is accused of a crime, and if that individual confesses to the crime, the individual can later argue that his confession was involuntary. At that…

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Arizona Court Addresses New Changes in Court Procedures Due to Covid-19
The Law Office of James Novak Team

Recently, an Arizona appellate court addressed the lower court’s new changes in procedure made in response to the Covid-19 public health emergency. The appellate court denied a defendant’s challenges to these changes, which included the option for potential jurors to appear by video instead of in-person and the decrease in peremptory strikes during jury selection.…

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Arizona Criminal Defense Attorney Blog

Arizona Supreme Court Expands Bedroom Self-Defense Rights In Shared Homes You can assert self-defense from inside a locked bedroom, even when the person trying to come through the door entered the home as a guest of a...

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...

Arizona Court Orders Resentencing After Trial Judge Misses Critical Record Review A recent Arizona Court of Appeals opinion demonstrates how a single procedural mistake during sentencing can result in a complete reversal. When a...

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