» Entries tagged with "civil"

How Important People Think

There aren’t nearly enough Arizona legal blogs, which is the primary reason why I keep the Arizona Appellate Blog in my feed. The constant use of “we” and “our” in posts that are either the product of a depressingly underwhelming group effort or the bizarrely haughty statements of an individual rub me the wrong way. So do somewhat regular comments that seem to indicate its author or authors believe they’re writing to a captivated audience awaiting each post with baited breath. If they are, I can’t imagine who comprises their audience. Regardless, it’s not a worthless blog, as it at least has original content and isn’t just blatantly pimping someone’s services. It’s a sad state of affairs where lawyers writing because they have something to say and not only something to … Read entire article »

Filed under: Courts, lawyers, Uncategorized

Two Different Systems

The recent opinion from the Supreme Court of the United States in San Francisco v. Sheehan hits awfully close to home for me. Just a few days ago, I dismissed a civil suit against a police officer who created a situation where the only possible outcome was to murder someone he never would have “had” to have murdered in any other situation except for the one he created by violating policy. The doctrine of qualified immunity, the same thing at issue in Sheehan, gave my clients no choice but to let that murderous cop completely dodge any sort of consequences for his actions. I am not writing about my case, though, so I will stick with the facts of Sheehan, which are pretty simple. Ms. Sheehan was a … Read entire article »

Filed under: SCOTUS Cases

Arizona's Unusual Statute of Limitations

Although Arizona courts have on multiple occasions explained that statutes of limitations are to be construed liberally in favor of the accused and against the prosecution, in practice, that doesn’t make an awful lot of difference. According to at least one Arizona court, our criminal statute of limitations is explicit. Unlike most states’ statutes of limitations, which begin running at the time of the offense, it doesn’t begin to run until the state actually discovers or should have discovered the offense. The law allows some serious injustice to take place as long as it isn’t the state’s fault. A victim can wait as long as he or she pleases before going to authorities, and as long as there’s no reason the state should have known earlier, charges can … Read entire article »

Filed under: Arizona Cases, Arizona Statutes, Procedural Rules

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