» Entries tagged with "affirm"

The Stacked Deck

The system isn’t fair. It’s something those of us who pay attention all know, but sometimes it’s more apparent than others. I’m working on a case where the state appealed a lower court judge’s ruling granting a motion to suppress. It’s an uncommon situation due in large part to the fact judges don’t grant motions to suppress all that often. They stretch to find whatever facts best support a denial, knowing that the reviewing court must defer to them. They scour the books for cases that support the state’s position, no matter how old. I’ve seen more rulings for the state finding facts that weren’t really presented or citing ancient cases despite the existence of recent controlling case law than I ever would’ve believed as a … Read entire article »

Filed under: Courts

A Well-Oiled Machine

I had one hearing yesterday afternoon, and it was in Pinal County. The Pinal County Superior Court is about an hour from my office, give or take a few minutes, but I find myself there quite a bit. It’s a fascinating place. Yesterday, it was a confusing, frustrating place. The Pinal County Sheriff’s Office recently announced that attorneys would no longer be allowed to visit with their in-custody clients in the inmate holding area prior to court. The new policy is for security reasons, apparently, and it means that there’s no way to speak with a client prior to a hearing unless you go see him or her in jail. Seeing a client in jail is no small feat. If you want to do an “in-person” visit … Read entire article »

Filed under: Courts, Prosecutors

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