In a recent case before the Arizona Court of Appeals, Division One, the defendant asked for a reconsideration of her convictions and sentences for felony endangerment. According to the defendant, the evidence presented at trial did not sufficiently prove that she endangered the two victims in the case, and her verdict should be overturned. The higher court reviewed the trial court’s record, analyzed the case, and eventually affirmed the original ruling. Felony Endangerment According to the relevant Arizona statute, felony endangerment involves “recklessly endangering another person with a subs ..read more

Recently, the Arizona Court of Appeals, Division One, issued an opinion regarding an Arizona statute requiring cars to stop at a red light. The opinion went beyond the traffic implications of this statute, delving into the question of what happens when an individual violates the statute and ends up causing serious physical injury or death to another person. Ultimately, the court concluded that the statute does not require a vehicle to have entered the intersection before causing an accident, meaning that defendants can be subject to the statute’s penalties whether or not their cars were in the ..read more

In a January 2024 opinion issued by the Arizona Supreme Court, the question of whether the State can appeal a trial court’s decision to expunge a defendant’s record was at issue. The court had to decide whether the State was legally able to challenge a lower court’s order granting a defendant’s request for expungement and restoration of his civil rights, which was issued in response to a marijuana-related offense. On appeal, the court concluded that the State had a reasonable right to challenge the lower court’s order, given that the drug offense ultimately affected the “substantial rights of ..read more

Arizona prosecutions for domestic violence and sexual assault cases often hinge on whether the victim can have the suspect admit to criminal behavior while law enforcement is recording the interaction. A recent judicial opinion in Arizona sheds light on the use of these recorded “confrontation calls” in criminal cases, emphasizing the need for individuals to be aware of their rights during such encounters. According to the facts discussed in the recently published judicial opinion, the defendant appealed the denial of his motion to suppress statements made during a confrontation call between t ..read more

In a December 2023 case before an Arizona court of appeals, the defendant asked for a reconsideration of the lower court’s sentencing decision in her child abuse case. She was originally charged with and convicted of negligent child abuse, and she asked the higher court to conduct a review of the record, to ensure the lower court arrived at the verdict and resulting sentence fairly. Finding no fundamental error in the trial court’s record, the court of appeals affirmed. Facts of the Case This case revolved around a 2011 incident in which the defendant and her husband mistreated a ten-year old ..read more

In a recent case before an appeals court in Arizona, the defendant asked that the court decide that the evidence was insufficient to support his conviction for drug possession. The court disagreed with the defendant, affirming his guilty verdict. The court’s opinion highlights the fact that, even if you are not driving a car that is registered in your name, you could still be liable for the car’s contents. Facts of the Case According to the opinion, police officers conducted a routine traffic stop one evening by pulling over the defendant’s wife. The defendant’s wife was driving the car regist ..read more

In a recent case before a court in Arizona, the defendant appealed convictions for burglary, kidnapping, and intimidating. He was originally charged after an incident in which he trapped his ex-girlfriend in his home and attempted to keep her there against her will. A jury found the defendant guilty, and despite his subsequent appeal, the higher court affirmed the original verdict. Facts of the Case According to the opinion, the defendant and his girlfriend broke up in the spring of 2019. Two months after their breakup, the defendant broke into his ex-girlfriend’s home one evening when she was ..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

In a recent case before a court of appeals in Arizona, the defendant took issue with evidence that the lower court admitted during his trial. Originally, the defendant was charged with aggravated domestic violence. His case went to trial, a jury found him guilty, and the defendant appealed, arguing that one of the police officer’s body camera videos should not have been part of the trial. After reviewing the defendant’s argument, the higher court ultimately disagreed and affirmed the lower court’s ruling. Facts of the Case According to the opinion, the defendant was charged after a pedestrian ..read more

In a recent case before an Arizona court of appeals, the State challenged the lower court’s decision to suppress evidence of drugs that an officer found in a defendant’s vehicle. An officer originally pulled the defendant over for a traffic violation, and after a prolonged stop, the officer found drugs in the defendant’s vehicle. When the defendant filed a motion to suppress, the lower court granted it. On appeal, the higher court affirmed this ruling, siding with the defendant by affirming that the incriminating evidence was rightfully suppressed. Facts of the Case According to the opinion, a ..read more