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Crappy Outcome For Doody

I was quite proud of myself for writing a whole post about Jonathan Doody’s case a couple of months ago without making a single poop joke. Trying to write two was tempting fate, so please forgive the title. Anyway, the combined tireless efforts of the Maricopa County Attorney’s Office and its lying admitted-serial-killer pal and star-witness Alessandro Garcia finally paid off when they were able to convict Doody, who may be innocent, after a Ninth Circuit reversal, a mistrial, and five days of jury deliberations well over two decades later. They must be proud. We can now all rest assured that this punk kid won’t ever be at large: He may look like a sad, middle-aged man who has spent every moment of his adult life in prison because … Read entire article »

Filed under: Arizona Cases

Scottsdale’s DUI Machine Malfunctions, Court Of Appeals Doesn’t Care

One of Scottsdale’s DUI-conviction-machines has some serious problems. I first wrote about it in 2012 after a Scottsdale City Court judge prevented me from telling a jury about the problems. The judge demanded an offer of proof before he was willing to admit evidence of anything calling into question the city’s malfunctioning piece of equipment. Instead of making the state bear the burden of proving the test was accurate and admitting all of the information about its problems, he presumed the results were accurate and precluded any information to the contrary. I wrote about it again in 2013, when a Maricopa County Superior Court judge finally ruled that blood test results from the machine in several cases were inadmissible pursuant to Rule 702 of the Arizona Rules of … Read entire article »

Filed under: DUI

DUI Home Detention

Arizona’s extreme DUI statute is A.R.S. § 28–1382. Subsection (D)(1) requires thirty consecutive days in jail for a DUI involving an alcohol concentration of 0.15 or more but less than 0.20, and subsection (I) allows for all but nine of those to be suspended. For an alcohol concentration of 0.20 or more, the same subsections require forty-five consecutive days in jail and allow for all but fourteen days to be suspended. Depending on the court, you may be able to do home detention for some of your time. The relevant home detention statute is A.R.S. § 9-499.07. In 2011, Senate Bill 1200 made some substantial changes to the law. Here is what it changed regarding the eligibility requirements a prisoner must meet for the program: Notwithstanding section … Read entire article »

Filed under: DUI

Why The Work Never Ends

I started work today with the best intentions. I had a list of what I had to accomplish along with a realistic plan of attack. After I sat down and finished my first task, a call came in: CLIENT: A detective came to see me and I pled guilty ME: What? CLIENT: It’s an emergency. I pled guilty. ME: You mean you confessed? CLIENT: Yeah, I pled guilty. I told him all the other stuff I did. ME: Did you say you had a lawyer? CLIENT: No, I just talked to him. He read me my rights and stuff. ME: Why did you talk to him? CLIENT: I don’t know. We’re gonna need to add the new charges to the current plea. ME: What new charges are there going to be? CLIENT: It doesn’t matter, … Read entire article »

Filed under: Clients

Lessons From Tombstone

I did the tourist thing in Tombstone this past weekend. It was pretty darn fun, I must admit. There’s the OK Corral, where lawmen who were at times outlaws killed some outlaws who were probably at times not outlaws. There’s historic Allen Street, where who knows how many people died in random gunfights. There were mines, graves for people who were little more than expendable commodities to wealthy businessmen, and there was also no shortage of beautiful high desert scenery, where who knows how many people were killed by hostile natives who didn’t take kindly to being exterminated as settlers continued to occupy their territory. The nifty old courthouse museum, where the convicted were hanged and the acquitted were sometimes hanged too, was a real highlight. … Read entire article »

Filed under: Government Rants

What’s Wrong With The Current Approach To Biker Profiling

I’ve been closely following legislation and lawsuits regarding biker profiling for over a decade. In that time, Arizona’s motorcyclists’ rights organizations have been giving it more and more attention. I think it’s fair to say that, for many or maybe even most bikers, it is the single most pressing issue they feel those organizations ought to be addressing right now. In many ways, I’m inclined to agree. I hear new stories about police telling business owners not to allow patches in their establishments almost every day. As a criminal defense attorney, I represent clients who are clearly targeted by officers simply because they ride. Even after charges are filed, bikers are regularly treated far more harshly. In the City of Mesa, for instance, there is … Read entire article »

Filed under: Bikers' Rights

They’re Way Too Busy

The West Mesa Justice Court has a fax number. I faxed them something yesterday. Today, the West Mesa Justice Court faxed me a letter saying the court doesn’t accept case documents by fax: Although the court does not have the capability to deal with multiple copies of the same document, they have enough time to send me a fax telling me so. Unfortunately, Brown & Little, P.L.C., implemented a no-fax-acceptance policy of its own this morning. We’ll be faxing the justice court a letter about it later today. … Read entire article »

Filed under: Courts

You Don’t Pay For Real Awards

I win stuff all the time. Just this week, I won the UK lottery even though I didn’t play. Most weeks, I’m selected to receive a sizable portion of various Nigerian millionaires’ estates. I don’t even know anyone in Nigeria. I also regularly win lawyer awards from people and organizations with writing styles eerily similar to the people who write me about my UK lottery winnings and Nigerian inheritances. I always learn about it by email, though. You can imagine my surprise when this letter arrived the other day: At first glance, I thought it was from the NACDL. I can only assume that’s the intended effect. Every criminal defense attorney knows about the NACDL, and I wouldn’t be surprised if most are … Read entire article »

Filed under: Marketing

Why People Make Jokes About Arizona

Alessandro Garcia is a killer. There’s no doubt about it. By his own ongoing admission, Garcia was part of the infamous Buddhist Temple Massacre that occurred on August 10, 1991. I have no idea what actually happened or who else was involved, but it’s undisputed that Garcia and one or more others killed six Buddhist monks, two young initiates, and an elderly nun. Apparently, they shot all of the victims in the back of the head at close range more than once. The innocent victims were made to kneel on the floor of the temple before being shot dead, one by one. Some had died while praying. All but the first likely witnessed the others being shot. It was part of a robbery, and … Read entire article »

Filed under: Arizona Cases

He Was Screwed No Matter What

In a recent Supreme Court of Arizona case, State v. Duran, the defendant tried to plead guilty but the trial court rejected his plea. The trial court then royally messed up by saying the prosecutor could use statements Duran made in connection with his change of plea if he testified inconsistently with them at trial. It’s important here to keep in mind the fact the trial court was wrong. Duran’s statements never, ever should have been used against him. The trial court made a mistake, and as a result, the defendant was confronted with the dilemma of testifying and bearing the disastrous brunt of the court’s mistake or not testifying and probably making the best of a really bad situation. A conviction would pretty much be guaranteed … Read entire article »

Filed under: Arizona Cases, Courts

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