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» Entries tagged with "contempt"

The Bigger Problem

There’s something called a “BAT Van” in Texas. “BAT” stands for “Breath Alcohol Testing,” and the purpose of these vans, as you might guess, is to measure whether a driver is impaired try to detect a subject’s mouth alcohol using a potentially unreliable machine made by a largely unregulated and highly secretive company and then roughly correlate that result to a subject’s blood alcohol while largely ignoring the subject’s unique and highly variable metabolism in order to convict him or her not of necessarily being impaired, but of having too much of that thing the state has so imprecisely measured in his or her blood. Those vans are pretty prevalent here in Arizona too, though we’re switching to violent, forcible blood draws in many jurisdictions and don’t have nearly as … Read entire article »

Filed under: DUI

Legal Strategery in Marikafka County

Adam Stoddard is probably still in jail. If you need some background, catch up here, here, and here. Maricopa County has seen bomb threats and pepper spray incidents that may be related to his detention, as well as a law enforcement rally and vigil showing support for him. Meanwhile, deputy county attorney Tom Liddy, who still seems to be counsel for Stoddard, makes what could at best be called weak offering in his defense. Will disclosing the contents of the documents Stoddard illegally viewed and seized really help get him out any sooner? It seems Liddy, who claims to represent Stoddard and not the sheriff, is more concerned about making a joke out of the fourth, fifth, sixth, and fourteenth amendments than he is about … Read entire article »

Filed under: Arizona Cases, Procedural Rules

No Constitutional Crisis Here

Maricopa County Sheriff’s Deputy Adam Stoddard violated a defendant’s constitutional rights, Superior Court Judge Gary Donahoe held him in contempt, and Stoddard is now in jail after refusing to follow the judge’s order and apologize. The way I see it, the loser here isn’t Stoddard or his boss, the ever-defiant Sheriff Joe. I think Stoddard ends up looking good to most people. Even I’m a little impressed with the guy. He did his job, refused to apologize for doing what he was trained to do, then took one for the team and followed the judge’s order. I tend to have serious problems with blindly following authority, but I can definitely appreciate how far Stoddard is willing to go to do what he perceives to be his duty. … Read entire article »

Filed under: Clients, Courts, Government Rants

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