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» Entries tagged with "criminal"

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

More Than Race

I’m hesitant to write a post making a similar point to my last one, but as one article after another comes out discussing racism in this country in the wake of another white cop avoiding indictment after murdering an unarmed black man, this time with clear video, I worry we’re only having part of the conversation. Race is part of problem. It may even be most of the problem right now. It’s also the reason why most people are even thinking about the issue of police violence. Unfortunately, I worry that it’s not the part of the problem we can fix. Although I’m not as optimistic or congratulatory about our progress, Chris Rock makes some amusing and likely accurate observations about race relations in this country: “When we … Read entire article »

Filed under: Government Rants

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

Real Justice

I saw a funny thing in the parking garage yesterday. Some jerk had parked his giant truck exactly how I’d expect a jerk with a giant truck to park, and some poor kid in a compact car was struggling to wiggle in through his driver’s side door. I’d say about two inches at most separated the front passenger’s side door of the truck from the driver’s side door of the car. The kid didn’t have a chance. A nine-year-old couldn’t have squeezed in without climbing on the roof and rolling down the window. The compact car was parked perfectly between the lines, whereas the truck was at a severe angle. It was pretty obvious why its jerk-owner parked it that way. Had he parked properly … Read entire article »

Filed under: Arizona Statutes, Government Rants

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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