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…
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…
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…
Recently, a state appellate court issued an opinion in an Arizona drug case involving the automobile exception to the search warrant requirement. According to the court’s opinion, an officer initiated a traffic stop of a vehicle with two passengers after noticing the vehicle swerve across the fog line of a…
Law enforcement agencies often use traffic stops or other small municipal code violations as a pretext to investigate a suspect for more serious criminal activity. Many arrests and convictions for serious crimes occur only after a law enforcement officer has stopped or detained a suspect for a less serious offense,…
Over the past decade, more states are coming to realize the detrimental—and unfair—effects that result when applying existing laws. For example, laws imposing mandatory minimum punishments, the system’s failure to account for mental health issues (including addiction), and harsh collateral consequences that come along with a conviction have all started…
The U.S. Supreme Court has long held that when the prosecution uses drug courier profiling evidence mainly as a way to prove guilt, it violates a person’s constitutional right to a fair trial. While police can use drug courier profiling evidence to establish reasonable suspicion for purposes of stopping someone…
Arizona lawmakers recently passed House Bill 2007 (HB2007), adding an aggravating circumstance to the list of 26 that were previously enumerated in the statute. The law became effective August 3, 2018. The newest aggravating circumstance is triggered when a defendant “uses a mask or other disguise to obscure the defendant’s…
Arizona jails and prisons have measures in place to assure no criminal activity is in progress related to the defendant’s communications. Authorized jail and prison officials screen mail, and record suspects’ phone calls. The information they obtain may be used to prosecute pending or future criminal charges. The exception to this would…
The Arizona Supreme Court recently ruled that enhanced sentencing does not apply if the victim is fictitious. Under Arizona’s Dangerous Crimes against Children statute (DCAC), a person convicted of a sexual crime against a child is subject to enhanced sentencing. These penalties are severe and designed to provide greater punishments…