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Arizona Criminal Defense Attorney Blog

Arizona Court Denies Defendant’s Appeal in Kidnapping Case
Law Office of James Novak

In a recent opinion from an Arizona court in a kidnapping case, the defendant’s original conviction was sustained. The defendant argued that even though he had committed burglary and aggravated assault on the day in question, his crimes did not fit within the definition of “kidnapping.” The court disagreed, denying his appeal and affirming his…

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Court Denies Defendant’s Appeal Based on Court’s Error in Recent Arizona Fraud Case
Law Office of James Novak

In a recent case involving fraudulent activity and identity theft, an Arizona court denied a defendant’s appeal filed based on an error committed by the trial court. In the appeal, the defendant argued that the trial court committed an error so substantial that it biased the jury and gave her an unfair trial. The higher…

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Arizona Court Vacates Two Out of Three of Defendant’s Convictions for Luring a Minor
Law Office of James Novak

In a recent opinion from an Arizona court involving child luring, two of the defendant’s convictions were vacated. Originally, the defendant had been convicted of three counts of luring a minor for sexual exploitation. On appeal, he argued that he did not commit three separate crimes and that his conviction should be changed to reflect…

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Arizona Court Denies Defendant’s Appeal Based on Mistreatment During Trial
Law Office of James Novak

In a recent opinion from an Arizona court, a defendant’s convictions and sentences were affirmed after he unsuccessfully argued that his trial was unfair and that he should receive a new verdict. Originally, the defendant was convicted after exposing his penis to a minor and involving a minor in a drug offense. In its opinion,…

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Arizona Court Denies Defendant’s Request for a New Verdict in Sexual Abuse Case
Law Office of James Novak

In a recent opinion in an Arizona sexual abuse case, the court denied the defendant’s request for a new verdict. A jury had convicted of a mixture of twenty-five felony and misdemeanor counts, including felonies of molestation of a child and sexual conduct with a minor, as well as misdemeanors of indecent exposure and contributing…

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Arizona Court Finds Warrant Was Not “Stale” in Recent Case Involving the Possession of Child Pornography
Law Office of James Novak

In a recent opinion from an Arizona court involving child pornography, the defendant’s request for the court to reconsider his guilty verdict was denied. The defendant was found guilty of sexual exploitation of a minor under the age of fifteen. He filed a motion to suppress evidence, arguing that the officers who found incriminating information…

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

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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Fourth Amendment Inventory Search Exception Leads Arizona Court to Deny Motion to Suppress
Law Office of James Novak

In a recent opinion written by an Arizona appellate court, a defendant appealed a lower court’s denial of his to suppress the physical evidence found in his backpack after a murder. The appellate court affirmed the denial of his motion to suppress, finding that the defendant’s Fourth Amendment protections were not violated since the backpack…

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Arizona Court Addresses Admissibility of Identification Evidence in Recent Felony-Murder Case
Law Office of James Novak

Recently, the Arizona Court of Appeals issued an opinion in an Arizona robbery and felony-murder case. In its opinion, the court affirmed the lower court’s decision to deny the defendant’s motion to preclude an identification made by a witness. The Facts of the Case According to the court’s opinion, the defendant and four other individuals…

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Arizona Criminal Defense Attorney Blog

Can You Demand a 12-Person Jury in Arizona Felony Cases? 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...

Phoenix Appeals Court Upholds Sexual Assault Conviction Despite Objections to Police Interview If you’re facing serious felony charges in Phoenix and think certain statements made during a police interview might have tainted your trial, a...

New Affirmative Defense for DUI Marijuana or Impairing Metabolite in Arizona On November 20, 2015, the Supreme Court of Arizona decided Dobson v. McClennen (P.3d, 2015 WL 7353847, Arizona Supreme Court 2015)...

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