» Entries tagged with "20 days"

Lenity?

Imagine that you are appearing in front of an Arizona Superior Court judge for your sentencing and are scared to death. Your trial had all sorts of obvious errors, but you were convicted of a felony DUI charge anyway. You are being sent to prison, and you want to appeal. The judge tells you that your notice of appeal must be filed “within 20 days after the entry of judgment and sentence.” If you are like the hundreds or maybe even thousands of people I have represented at sentencing hearings in cases of all sorts, you would probably just be doing everything you could to avoid fainting. Your life is ruined. You probably failed to hear a single thing the judge said. Your reasonable lawyer might … Read entire article »

Filed under: Arizona Cases

Precluding the State's Objections to a Motion

Rule 16 of the Arizona Rules of Criminal Procedure governs Pretrial Motion Practice. Rule 16.1, which is entitled “General Provisions,” includes the time periods in which motions and responses must be filed. The rule provides in relevant part that “[a]ll motions shall be made no later than 20 days prior to trial” and “[t]he opposing party shall have 10 days within which to file a response.” As a remedy for untimely filing, the rule provides that “[a]ny motion, defense, objection, or request not timely raised . . . shall be precluded, unless the basis therefor was not then known, and by the exercise of reasonable diligence could not then have been known, and the party raises it promptly upon learning of it.” It seems clear enough. If … Read entire article »

Filed under: Procedural Rules, Prosecutors

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