Arizona Court Reverses Convictions in Case Centering on Defendant’s Right to a Public Trial
The Law Office of James Novak Blog » Sex Crimes
by James E. Novak, P.L.L.C.
1M ago
In a recent opinion issued by the Arizona Court of Appeals, Division Two, the court overturned a defendant’s convictions for sexual conduct with a minor and indecent exposure to a minor. The opinion highlights the fact that trial courts must make a careful decision when one party requests to close the courtroom during trial. In this case, the State asked to keep nonessential people outside of the courtroom while the victim in the case testified. On appeal, the defendant argued that this decision to close the courtroom was unconstitutional, and ultimately, the higher court agreed. Proceedings B ..read more
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Arizona Supreme Court Denies Defendant’s Appeal in Case Questioning Trial Court’s Authority Over Adults Who Committed Crimes as Juveniles
The Law Office of James Novak Blog » Sex Crimes
by James E. Novak, P.L.L.C.
2M ago
In a recent case before the Supreme Court of the State of Arizona, the defendant appealed his convictions and sentences stemming from a series of sexual assaults. On appeal, the defendant argued that because he committed the offenses when he was a minor, the superior court did not actually have the authority to hear his case, given that the case should have been heard in a juvenile court. Considering the defendant’s argument, the court ultimately denied the appeal but remanded the case back to the lower court for re-sentencing. Offenses at Issue In this case, the defendant sexually assaulted a ..read more
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How Prosecutors can Use Prior Bad Acts to Support Sex Crimes Prosecutions
The Law Office of James Novak Blog » Sex Crimes
by James E. Novak, P.L.L.C.
2M ago
Facing criminal charges, especially those related to sex crimes, is a daunting experience. If you or a loved one is seeking the services of a criminal defense attorney in Arizona, understanding the complexities of the legal landscape is crucial. In a recent judicial opinion, the Arizona Court of Appeals discussed the admission of prior bad acts evidence in a sex crime prosecution as a key issue. Whether a prosecutor is allowed to submit evidence to a jury that unfairly prejudices a defendant is often the defining factor in a case. In the recently decided case, the defendant was convicted of se ..read more
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Arizona Defendant Loses Appeal in Sexual Abuse Case, Failing to Show that 911 Call was Erroneously Admitted
The Law Office of James Novak Blog » Sex Crimes
by James E. Novak, P.L.L.C.
5M ago
In a recent sexual abuse case before an Arizona court of appeals, the defendant argued that his conviction should be reversed because of evidence that was unreasonably admitted during his trial. The defendant was originally charged after a client at his massage therapy business alleged that he inappropriately touched her during their massage session. The defendant’s case went to trial, and he was found guilty. The defendant went on to appeal the decision, but the higher court ultimately affirmed the guilty conviction. Facts of the Case According to the opinion, the defendant worked as a massag ..read more
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Defendant in Sexual Assault Case Unsuccessfully Appeals Guilty Verdict
The Law Office of James Novak Blog » Sex Crimes
by James E. Novak, P.L.L.C.
1y ago
Last month, a defendant involved in a sexual assault case appealed his convictions of kidnapping, sexual assault, and sexual conduct with a minor. Originally, the State of Arizona had brought charges against him for incidents with four different victims under the age of 18. The defendant’s case went to trial, and he was convicted and sentenced as charged. On appeal, the defendant made several arguments, one of which was that the prosecutor unfairly played to the jury’s emotions during the trial. Looking at the trial record, the court of appeals ultimately affirmed the original verdict. Facts o ..read more
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Defendant Unsuccessfully Argues that Prosecution Appeals Too Strongly to Jury’s Emotions in Sexual Assault Case
The Law Office of James Novak Blog » Sex Crimes
by James E. Novak, P.L.L.C.
1y ago
Last month, the Arizona Court of Appeals ruled on a defendant’s appeal in a sexual assault case. After a lengthy trial in the lower court, the defendant was found guilty of sexually assaulting his minor niece. On appeal, the defendant made several arguments, arguing the guilty verdict was unfounded and should be reversed. The court of appeals kept the guilty verdict in place, rejecting the defendant’s contentions. Facts of the Case According to the opinion, the victim in this case was a minor who would sometimes stay over at her cousin’s house for the evening. One night, she slept over with he ..read more
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Arizona Court Denies Defendant’s Appeal in Sexual Assault Case, Despite Motion to Suppress Incriminating Statements
The Law Office of James Novak Blog » Sex Crimes
by James E. Novak, P.L.L.C.
1y ago
In a recent sexual assault case in Arizona, the court denied the defendant’s appeal of his guilty verdict. The defendant was originally convicted of sexual conduct with a minor, attempted sexual conduct with a minor, and continuous sexual abuse of a child. On appeal, he made several arguments, one of which was that the court should not have been able to access incriminating statements he made during phone calls with both of the children. Disagreeing with this argument, the court denied the appeal. Facts of the Case According to the opinion, the defendant in this case was a family friend of the ..read more
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Arizona Appeals Court Affirms Defendant’s Conviction in Arizona Child Sex Crimes Case, Rejecting Defendant’s Challenge to the Denial of His Motions To Suppress Evidence
The Law Office of James Novak Blog » Sex Crimes
by James E. Novak, P.L.L.C.
1y ago
In a recent appeals court opinion in an Arizona child sex crimes case, the defendant unsuccessfully appealed his convictions and sentences for ten counts of sexual exploitation of a minor, class two felonies, and dangerous crimes against children. In the appeal, the defendant argued that his motions to suppress evidence were improperly denied by the trial court. The appeals court affirmed the trial court decision, finding that the files searched by law enforcement did not need to be limited to the certain files named by the defendant and that there was probable cause for the search of the defe ..read more
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Arizona Defendant Unsuccessfully Appeals Guilty Verdict in Child Molestation Case
The Law Office of James Novak Blog » Sex Crimes
by James E. Novak, P.L.L.C.
1y ago
In a recent case coming out of an Arizona court, the defendant unsuccessfully appealed his convictions and sentences for child molestation. In his argument, the defendant focused on the expert testimony that the prosecution used during his trial, alleging that this testimony was overly broad and prejudicial towards the jury. In considering the appeal, the court declared that the expert testimony was appropriate given the circumstances of the case, thus denying the defendant’s appeal. Facts of the Case According to the opinion, the defendant in this case was a family friend of the victim, who w ..read more
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Arizona Court Denies Defendant’s Appeal After He Fails to Register as Sex Offender
The Law Office of James Novak Blog » Sex Crimes
by James E. Novak, P.L.L.C.
1y ago
In a recent case coming out of an Arizona court, the defendant’s appeal of his guilty verdict for failure to register as a sex offender was denied. Originally, the defendant had been charged, found guilty, and sentenced when he failed to register as a sex offender in the county where he resided. On appeal, the defendant argued that the prosecution should not have been able to state that he was convicted of child molestation instead of any other “sex offense” during trial – this information, said the defendant, unnecessarily biased the jury. The court ultimately disagreed with the defendant and ..read more
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