» Entries tagged with "notice"
They’re Way Too Busy
The West Mesa Justice Court has a fax number. I faxed them something yesterday. Today, the West Mesa Justice Court faxed me a letter saying the court doesn’t accept case documents by fax: Although the court does not have the capability to deal with multiple copies of the same document, they have enough time to send me a fax telling me so. Unfortunately, Brown & Little, P.L.C., implemented a no-fax-acceptance policy of its own this morning. We’ll be faxing the justice court a letter about it later today. … Read entire article »
Filed under: Courts
Carbon Copy Criminal Defense
Arizona has pretty good discovery rules. The state has to disclose quite a bit fairly early in the process compared to many jurisdictions. The defense also has a duty to disclose, which mostly consists of providing the state with a list of witnesses, exhibits, and defenses that may be offered at trial. Courts generally don’t enforce the rules as they should, but they’re still quite helpful. At the very least, the defense gets enough to prevent nasty surprises in most cases. The notices themselves contain a lot of boilerplate language. Writing a disclosure notice from the ground up would waste time. Plus, things like diagrams of the scene and maps of the area aren’t normally the first thing a lawyer thinks about when mounting a … Read entire article »
Filed under: lawyers
My Last Post on Lesser Included Offenses
Okay, I promise this will be the last post I’ll put up on the subject of lesser included offenses. It’s an interesting area to me not only because of cases like this and this, or because and the rule in Arizona is frustrating in general, but also because it can create a strange situation for a defense attorney. Here’s the dilemma: imagine a burglary case where intent is the only real issue. It’s clear the defendant shouldn’t have been there, but it’s tough to know whether he entered or remained unlawfully with the intent to commit a felony or any theft. If the defense attorney gets a lesser included offense instruction on criminal trespass despite the relevant case law, the defendant could be spared a lot of prison … Read entire article »
Filed under: Arizona Cases, Arizona Statutes
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