Brown & Little, P.L.C. » Entries tagged with "petition"

Winning Without Trying

My fantasy football team is really kicking some ass this year. In fact, I haven’t lost yet. Not once. Even when I have a bad week, my opponent somehow manages to do worse. In all the years I’ve been playing fantasy sports, I’ve never seen anything approaching this kind of success. Admittedly, I have a secret this year. The secret started when I forgot to do any preparation for the draft. Hell, I actually forgot about the draft. The system’s defaults picked a great team for me based on its internal formulas. I was quite pleased. Since seeing the immediate success of the team I played no part in creating, my strategy has remained hands-off. I rely entirely on whatever numbers happen to … Read entire article »

Filed under: Prosecutors

Post-Conviction Remedies

In Arizona, a defendant who pleads guilty cannot file a direct appeal. Instead, his only remedy is filing a Rule 32 Petition for Post-Conviction Relief. Most of my clients think that winning a petition for post-conviction relief is always a good thing. Unfortunately, in some cases, people may end up being worse off for having filed a successful petition. If I file a rule 32 petition arguing that a trial court did not have jurisdiction because the statute of limitations had expired, the case essentially goes away if the court of appeals agrees with me. Similarly, the state likely will not bother with a case if essential evidence is suppressed due to constitutional issues or if a criminal statute is held unconstitutional. However, a number of clients want … Read entire article »

Filed under: Post-Conviction

"Expunging"

People often call me to see if I can “expunge” an old criminal conviction for them. In Arizona, it’s called “setting aside” a conviction, and it’s a fairly simple process in most cases. Interestingly, it’s usually more difficult to seal a record of an arrest than it is to set aside a conviction. The only statutory provision on point merely permits a court to enter on the record that the person has been cleared and order that law enforcement agencies and courts no longer release the record. It seems a little strange to me that it takes more work to to seal a wrongful arrest than it does to set aside a rightful conviction. … Read entire article »

Filed under: Arizona Statutes

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