» Entries tagged with "arizona courts"

Tribal Courts

Practicing law in Indian Country is a unique experience. I once had a tribal judge deny a motion to suppress in a possession of marijuana case because she thought my client did in fact possess the marijuana. I also did a change of plea once where the judge asked my client if he wished to change his plea, and after my client said “yes,” the judge said “okay, done” and called the next case. Tribal criminal codes are equally interesting. Where I’ve practiced, murder, possession of marijuana, and running a pyramid scheme are all punishable by a maximum of one year in custody. However, one year is not necessarily the max in tribal jurisdictions, as judges can and do stack counts, and the federal government often steps … Read entire article »

Filed under: Government Rants, Indian Law

Arizona's Most Irritating Statute?

There are a number of laws in Arizona that bother me, but the one that most consistently makes me shake my head in disgust is A.R.S. 13-1207. It provides that an inmate who “commits assault upon another person with the intent to to incite riot or who participates in a riot is guilty of a class 2 felony.” It’s a serious charge, so it seems like the statute should be pretty well written. Unfortunately, it isn’t. Although making it a class 2 felony seems excessive, I think I have a good grasp of what constitutes an assault with intent to incite riot. On the other hand, I have no clue what participating in a riot means, and the legislature and the courts haven’t provided any helpful definitions. Is … Read entire article »

Filed under: Arizona Statutes

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