» Entries tagged with "Arizona"
How It Really Works
Rule 9.1 of the Arizona Rules of Criminal Procedure seems pretty simple. It covers a defendant’s waiver of the right to be present in court and provides as follows: [A] defendant may waive the right to be present at any proceeding by voluntarily absenting himself or herself from it. The court may infer that an absence is voluntary if the defendant had personal notice of the time of the proceeding, the right to be present at it, and a warning that the proceeding would go forward in his or her absence should he or she fail to appear. Reading it like a reasonable person capable of understanding the English language and with even the slightest faculty when it comes to basic logic, the rule pretty obviously allows a court to infer … Read entire article »
Filed under: Arizona Cases
He Was Screwed No Matter What
In a recent Supreme Court of Arizona case, State v. Duran, the defendant tried to plead guilty but the trial court rejected his plea. The trial court then royally messed up by saying the prosecutor could use statements Duran made in connection with his change of plea if he testified inconsistently with them at trial. It’s important here to keep in mind the fact the trial court was wrong. Duran’s statements never, ever should have been used against him. The trial court made a mistake, and as a result, the defendant was confronted with the dilemma of testifying and bearing the disastrous brunt of the court’s mistake or not testifying and probably making the best of a really bad situation. A conviction would pretty much be guaranteed … Read entire article »
Filed under: Arizona Cases, Courts
Getting in Their Heads
Eric Turkewitz at the New York Personal Injury Law Blog published a guest post about whether jurors should be allowed to ask questions at trial. Apparently that doesn’t happen in New York. It sure does here in Arizona, as we’ve heard about ad nauseam because of the Jodi Arias trial. The guest-poster, Peter DeFilippis, concluded that increased juror participation would aid their judicial system in achieving the goal of providing justice for all. I can’t say that I disagree. I am a pretty big fan of jury questions because they’re wonderful little spoilers that help you know where to focus. I can also see how they help to connect jurors to what’s happening. The insight into the jurors’ thoughts that a system like ours … Read entire article »
Filed under: Arizona Cases, Juries, Trial
Need An Office?
If you are an Arizona lawyer in need of an office, give me a call or send me an email. Beginning on February 1, 2013, we will have space available in our suite. … Read entire article »
Filed under: Uncategorized
A Waste
From this article at the Arizona Republic: I do wish I could die doing something meaningful. You know, this seems such a waste. Those were a man’s last words. He died soon after without uttering any “official” last words. He liked porterhouse steak, french fries, okra, cauliflower, salad, fruit and ice cream. He liked those things so much they were the last things he ate before we murdered him. The good folks at the prison complex where we killed him, our crackerjack “execution team,” didn’t have an easy job. The doomed man was nice enough, joking with them as they prepared to end his life, but they had a real tough time setting the two intravenous lines intended to deliver fatal toxins. They had to cut into the … Read entire article »
Filed under: Arizona Cases, Death Penalty
The Inner Workings of Arizona’s Motor Vehicle Division
Considering how Arizona is pretty much designed and built around the automobile and how the MVD has a remarkable amount of power to alter and even strip residents of their so-called “privilege” to drive, you’d think that its policies and procedures would be transparent, consistent, and easy to understand. Surprise, surprise, you’d be wrong. The MVD works in truly mysterious ways. Let’s say, for example, that you’re a criminal defense lawyer and you want to know the effect of a certain type of conviction on a client’s driver’s license. Specifically, you’re trying to figure out the MVD consequences of a conviction for driving in violation of a license restriction, A.R.S. 28-3480. I am personally quite familiar with the charge, though I didn’t have to worry about the … Read entire article »
Filed under: MVD Hearings
Recent Comments