Brown & Little, P.L.C. » Entries tagged with "Arizona Rules of Criminal Procedure"
Tipping Our Hand
People who don’t practice criminal defense tend to have a number of funny misconceptions about how the process works. Sadly, some people who do practice criminal defense also tend to have a number of funny misconceptions about how the process works. One huge area where non-practitioners and even some practitioners seem to get confused is disclosure. “We’d better not tip our hand,” I hear over and over again. In Arizona state courts, far more so than in federal court, the disclosure rules are quite extensive. The state must comply with all kinds of requirements as the case proceeds. At the arraignment, it must turn over all law enforcement reports as well as the names and addresses of experts and the results of completed physical examinations, scientific … Read entire article »
Filed under: Practice in General, Procedural Rules
Rules v. Standard Practice
Recently, I amused a judge because I followed the text of a rule of criminal procedure instead of doing what everyone else in the jurisdiction does. He told me I deserved a “gold star,” and I’m not sure how I feel about that. According to the rule, which is very clear, I was responsible for editing a copy of a physicians report within 24 hours of receipt and returning it to the court so it could be made available to the State. Apparently, most attorneys just get the report, redact it at their leisure, and give it to the State a day or so before the hearing. At every step of a case, I tend to look at the governing statue or rule whenever there might be a … Read entire article »
Filed under: Practice in General, Procedural Rules, Professionalism
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