Recently, an Arizona criminal defendant challenged a trial court’s decision to deny his request for DNA evidence. The defendant was originally charged with burglary, and after he pled not guilty, his case went to trial. A jury found the defendant guilty of two burglaries, and the trial court sentenced him to 12 years in prison as a result. On appeal, the defendant argued that the DNA evidence he asked for could have led to a completely different outcome in the case, and it was unreasonable that the court denied his request. The higher court ultimately disagreed, siding with the State and affir ..read more

The Arizona Court of Appeals, Division One, recently addressed a defendant’s argument that at 21 years old, he was too young to understand the crimes he committed and therefore his resulting sentence was excessive. In the case before the court, the defendant had engaged in sexual conduct with a minor. After he was found guilty of molestation of a child as well as sexual misconduct with a minor, he appealed. Ultimately, the higher court determined that the lower court acted within its authority when sentencing the defendant, and it denied the defendant’s appeal. Sentencing Decisions in Arizona ..read more

In a recent case before the Arizona Court of Appeals, Division One, the defendant argued that the trial court erred when it failed to instruct jury members on the possibility that she was acting in self-defense. The defendant was convicted of the following offenses: leaving the scene of a fatal accident, theft of means of transportation, aggravated assault, and negligent homicide. Following her appeal, the higher court vacated the two latter convictions and sentences, sending the case back to the trial court for a new trial on those counts. The Incident in Question The charges and convictions ..read more

In a January 2024 case before an Arizona court of appeals, the defendant requested that his conviction be overturned because of potential issues with the chain of custody leading up to his trial. In criminal court, the “chain of custody” is the process through which evidence moves from collection to analysis to presentation before the court. Here, the defendant argued that there were important questions about how the evidence ended up before the trial court. On appeal, the higher court reviewed the record and concluded that there were no chain of custody issues, denying the defendant’s request ..read more

At the beginning of February 2024, the Arizona Court of Appeals, Division One, issued an order vacating in part a defendant’s sentences that resulted from the murder of his wife. The defendant originally faced charges for second-degree murder, abandonment of a dead body, and tampering with physical evidence. He appealed his convictions and sentences, partially on grounds that the trial court incorrectly calculated how much time he should serve given his guilty verdict. The higher court agreed with the defendant’s argument, ordering the court to resentence him according to its instructions. Bac ..read more

Facing criminal charges can be an arduous journey, and the prospect of a successful appeal post-conviction can be even more challenging. In a recent Arizona case, the defendant appealed his convictions for aggravated assault and related charges. This blog post explores the difficulties encountered in pursuing a criminal appeal after a conviction. According to the facts discussed in the recently decided appellate opinion, the defendant was charged with aggravated assault, endangerment, disorderly conduct with a weapon, and misconduct involving weapons after an incident in June 2021 when he alle ..read more

Facing criminal charges is a daunting experience, and the legal complexities that accompany such cases can be overwhelming. In this blog post, we delve into a recent Arizona judicial opinion involving a child pornography case, shedding light on the difficulties presented by hearsay and the challenges of calling witnesses who invoke the Fifth Amendment. The recently decided case provides valuable insights into the importance of retaining a qualified criminal defense attorney to assist with lodging a robust defense. Background On November 17, 2016, the State of Arizona charged the defendant with ..read more

Facing criminal charges can be a daunting experience, especially when evidence is obtained through search warrants. There are several difficulties associated with challenging search warrants in Arizona criminal cases. A recently decided appellate case sheds light on the complexities involved in suppressing evidence obtained through GPS tracking devices, and helps demonstrate the importance of a comprehensive defense strategy when defending against Arizona criminal charges. The defendant in the recently decided case appealed his conviction for the sale or transportation of dangerous drugs and p ..read more

In a November 2023 case before an Arizona court of appeals, the defendant appealed convictions of burglary, kidnapping, attempted sexual assault, and sexual assault. The alleged incident occurred in 1991, and the defendant argued on appeal that the State’s late introduction of evidence during trial had adverse effects on the case’s outcome. According to the defendant, the lower court should have granted his motion for a mistrial. Considering the defendant’s argument, the court ultimately sided with the state, ruling that the trial court properly denied the defendant’s motion. Facts of the Case ..read more

In a recent Arizona criminal case arising out of attempted sexual exploitation of a minor, the defendant asked the higher court to reconsider the lower court’s denial of his motion to suppress. The defendant was charged after investigators found out he was involved in an attempted meet up with a teenage girl. The defendant filed a motion to suppress incriminating evidence that the investigators found in his phone, and the court denied his motion. A jury later found the defendant guilty as charged, and the defendant appealed the lower court’s denial. Facts of the Case According to the opinion ..read more