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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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…
Continue reading ›If you are facing felony charges in Arizona, you may assume you are entitled to a 12-person jury under the Sixth Amendment. In some cases, however, state law provides for a smaller jury. Whether that decision is up to you depends on the type of offense and the potential sentence. A recent appeals court ruling…
Continue reading ›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…
Continue reading ›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…
Continue reading ›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…
Continue reading ›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…
Continue reading ›As you may know, hearsay is a statement made out of court that a litigant tries to use in court. The second element of hearsay that you may not know, however, is that the statement must be offered “for the truth of the matter” it asserts. If this element is not present, the court will…
Continue reading ›In Arizona, a police officer cannot keep a driver in a traffic stop against his or her will without a legal basis to do so. Arizona case law specifically says that the appropriate duration for a traffic stop depends on the stop’s “mission” and on how long it takes the officer to address any safety…
Continue reading ›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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