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Movin' On Up

I haven’t had much time to write these past few weeks due in large part to the fact the firm has moved. We are now located in Tempe, much closer to Phoenix and most of the courts where we usually practice. The move actually happened on the 1st of January, more or less, but the transition was still happening until this week. For all I know, it may well continue happening for weeks to come. I say that because it turns out Brown & Little, P.L.C., is the first business in the history of the world to move offices. I know it seems implausible, but I am certain you’d agree if you got to see how more or less every vendor involved dealt with the logistics … Read entire article »

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Climbing Hayes Peak in the Sierra Estrellas

NOTE: This post has nothing to do with law. I’m not even going to try to make it relevant to my practice. If you don’t care about how to hike the highest peak in a rugged and desolate mountain range that towers above Phoenix, this probably isn’t going to be very interesting at all. I’ll post something law-related for you soon. The Sierra Estrellas Phoenix is surrounded by mountains, and the Sierra Estrella range has to be one of the most impressive. Many evenings, I get to see the sun set behind them as I drive home from the office. Although I’ve been looking up at the Estrellas every day for years, like many people, I had never ventured into the Sierra Estrella wilderness until very recently. My … Read entire article »

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The Ease of Asking

Over at Simple Justice, Scott Greenfield put up a great post yesterday about listservs and the people who ask and answer questions on them. The post is actually about quite a bit more than that, but I’m not going to summarize it for you. Go read it. Anyway, I have no experience with criminal defense lawyer listservs. I’ve never asked or answered a question on one, and I never intend to start. I don’t see how asking important questions of a bunch of people I don’t know is a good idea for me or the client I’m trying to help. I also suspect any advice I might offer would merely drown in a sea of other opinions. I almost joined a listserv for lawyers here … Read entire article »

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Ups and Downs

Private practice can be a roller coaster. The turns may widen and the grades may diminish as time passes, but the financial uncertainty never goes away altogether. Your threshold for risk will diminish as your practice grows. Traditionally, summer months are the hardest for me and Adrian, but this summer has been an exception. We’ve seen unexpected growth during a time when we usually hunker down and prepare for the worst. We’re lucky, but even if every month is a relatively good month compared to when you started out, you still never know what the next month holds. A lot of money can pour out of a business very quickly when times are slow. Running a small firm isn’t for the faint of heart. Running it … Read entire article »

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What Do You Mean I Can't Complain?

I don’t vote. There are exceptions, of course, but for the most part, I choose not to vote in any local, state, or federal elections. It isn’t because I’m lazy or too busy. It’s because I think the system is broken and find almost every option on almost every ballot so terrible that I would feel overwhelming guilt and remorse if I voted for any of them and they actually won. Every politician is going to do something during his or her time in office that makes life worse for someone. I don’t trust politicians to do what they say they’ll do, and in general, I’m insufficiently educated to know what kind of impact most policies will have on the real world. I’m incapable of figuring … Read entire article »

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Paper Tigers

Arizona’s rules of criminal procedure explicitly give courts authority to preclude evidence if a party violates the discovery rules. However, the Supreme Court of Arizona has stated that “preclusion is rarely, if ever, an appropriate sanction for a discovery violation.” As a result of that language, Arizona trial courts almost never preclude evidence, especially when that evidence is a witness who was untimely disclosed or failed to participate in a deposition. I’ve tried arguing that preclusion is frowned upon because most published opinions deal with defendants noticing witnesses at the last minute. Defendants have a Sixth Amendment right to present witnesses, so the courts need to avoid preclusion so as not to infringe on defendants’ constitutional rights. I usually provide a string cite of cases frowning upon … Read entire article »

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New Website

We apologize for the past 24 hours of broken links, repeated postings, and disappearing comments; we just updated our website and are still working out all the little glitches.  Hopefully everything will be sorted out and back to normal soon.  If you come across something that’s broken, please let us know right away.  Thanks! … Read entire article »

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Celebrate Scott Greenfield Day

I’m not posting this because Scott Greenfield gave this little blog the extreme blog makeover that put it on the map, or even because he’s defended me previously. Those aren’t my reasons for posting; those are the reasons why I should feel like a jerk for not posting sooner. Anyway, today has been declared Scott Greenfield Day. Although it may be over for those of you in the Eastern Time Zone, there are still a few hours left to celebrate Scott and his fantastic blog, Simple Justice, everywhere else in the US. If you don’t read it regularly, you should. … Read entire article »

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Back to Blogging

In case you haven’t noticed, I have not put up a post in weeks. First there were trials. One made it to verdict, one ended in a mistrial, and one got continued over my objection. After the trials came motions. I think I wrote about a dozen big ones in a week or two. Eighty-hour weeks felt like the norm, and the idea of writing anything, even a blog post, seemed an awful lot like work. As soon as the smoke of trials and legal writing cleared, I left on a motorcycle trip. Adrian and I had been planning to ride to Cabo San Lucas and back for quite some time. We’d carefully set up coverage months in advance, notified all our clients, and … Read entire article »

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Should Be an Interesting Race

Tom Horne officially announced his candidacy for attorney general last week. No surprise there. Andrew Thomas will probably make his official decision soon. No surprise there either. What’s surprising is what I discovered reading about the race in this article. It looks like there’s a third lawyer seeking the Republican nomination for attorney general. That lawyer is none other than Tajudeen Oladiran, whom you may remember from this motion. I usually don’t pay much attention to elections, but with Taj and Andrew Thomas both competing for the GOP nomination, I think I may start following the race. … Read entire article »

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