Brown & Little, P.L.C. » Entries tagged with "appeals"
Too Good to Last
You may remember an old post about whether you can get a DUI in a car that doesn’t work. The issue came down to “actual physical control.” That’s because you don’t have to drive to get a DUI in Arizona; you just have to have actual physical control of a vehicle. When Arizona’s Court of Appeals, Division Two came out with a related opinion in State v. Zaragoza, I put up another post about actual control. I was pretty negative about whether the opinion would make a difference. It turns out I was right to be negative, but for the wrong reasons. This summer, the Supreme Court of Arizona vacated the opinion of the Court of Appeals. In Zaragoza, the defendant staggered to his car and got … Read entire article »
Filed under: Arizona Cases, DUI
Death Penalty
I often get questions from family and friends about cases in the media, especially death penalty cases. I don’t want to discuss the merits of whether or not we should have a death penalty; instead, I want to focus on process itself. People almost universally get upset over the cost and time of such cases. No doubt it is frustrating to hear about someone who committed a heinous crime and received expensive legal representation for free, and I certainly think that the system could be streamlined. I’ve heard numerous times that “we all know he (or she) is guilty, why can’t we just execute them immediately” or “why do we have to pay for their defense.” While the complete answer to the question would … Read entire article »
Filed under: Death Penalty
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