APDA:
Read an April 15, 2013, Arizona Republic Article about Gov. Brewer's Budget which would practically eliminate "Fill-the-Gap" funding for Indigent Services. |
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AZ DUI Team Lawyers Come Together to Change The Landscape of DUI Cases
Click here for the Maricopa County Superior Court Minute Entry. MCDUI.com Account Members, Click Here. |
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DUI / Vehicular |
DUI / Vehicular Case Law: |
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5/14/13 Lower Drunk-Driving Limit to .05, Federal Board Says
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Hoffman v State – Supreme Court – Defendant may not appeal restitution as part of a plea agreement, must be PCR – Restitution is part of sentence, even if contested
Milke v Ryan - 9th Circuit - Habeas Corpus - State failed to disclose Brady material - convictions set aside
US v Cotterman – 9th Circuit – Forensic Examination of a computer requires Reasonable Suspicion - expectation of privacy – password protection of files alone is not Reasonable Suspicion
State v Palafox – MEMO – Search warrant not supported by probable cause - Batson Challenge
State v Almaleki - MEMO - Leaving the Scene of an Accident supports one conviction even if there are multiple victims - multiplicitous - aggravating factors - catch all aggravation only if something more than what is inherent in the offense
State v Nunez – MEMO – Prosecutor may comment on failure to submit to blood test – Shifting the Burden of Proof
State v Davis - MEMO - Brady Violation in a request for a new trial
State v Friedman - MEMO - Fingerprint card done by officer when suspect is booked is a self authenticating public record - not a violation of Confrontation Clause
State v Sanchez - MEMO - subpoenaed witness fails to show up for trial
State v Wallace - MEMO - jurors seeing leg shackles - Post verdict voir dire to show prejudice
State v Ward - MEMO - Miranda Warnings - Custody - De Facto Arrest
State v Nixon – MEMO – Prosecution dismissing the case the day before trial after the court denied a Motion to continue due to the absence of a witness, then re-indicted – Speedy Trial Rights
State v Metzner – MEMO – Misrepresentation of information for a search warrant
State v McClain – MEMO – Margin of Error of Breath Test overcomes a Rule 20 – question of fact for the jury
State v Lopez-Vidal – MEMO – Motion to Sever case from co-defendant – Duplicitous charge – jury communicating with baliff about facts of the case
State v Shilgevorkyan – Special Action – DUI Marijuana Metabolite – Inactive Marijuana Metabolite Carboxy-THC can still be charged as a DUI
State v Nottingham – Dessureault Hearing – Identification of Defendant
State v Austin - MEMO - Limiting cross examination - no presumption of consecutive sentence
State v Burrell - MEMO - prosecutorial misconduct - referring to Defendant as Con Man not misconduct and does not require new trial - bread and butter of closing arguments - declaring juror as alternate for a scheduling conflict
State v Elahi - MEMO - Judge denies requested jury instruction - mere presence - abuse of discretion - no presumption that separate sentences be consecutive
State v Estell - MEMO - not abuse of discretion for judge to not strike jury panel when impression is Defendant is in custody - admission of jail tapes - not overly prejudicial to introduce jail calls despite jury knowing that Defendant was in custody - trial delayed for two weeks for witness to continue testifying instead of mistrial
State v Gibson - MEMO - waiver of Right to Counsel - pro se - a denied request to severe charges requires renewing the request during trial to preserve the issue
State v Gukeisen - MEMO - juror testimony cannot impeach a verdict
State v Holden - MEMO - a denied request to severe charges requires renewing the request prior to the close of evidence to preserve the issue
State v Jarrott - MEMO - State's failure to timely respond to a Defense motion - judge's decision to allow the State to argue and respond in writing is permitted under judge's discretion to hear late motions - Rule 16.1 - voluntariness of confession based on a promise of a benefit - aggravation of sentence
State v Lewis - MEMO - Motion to Suppress due to insufficiency of info in affidavit to warrant the issuance of a search warrant
State v Marble - MEMO - Right to Counsel - remedy for Violation of Right to Counsel may be suppression or dismissal
State v Moore - MEMO - admissibility of priors for impeachment - Rule 609 - character evidence - Rule 608
State v Moreno - MEMO - Motion to Suppress due to insufficiency of info in affidavit to warrant the issuance of a search warrant
State v Nowell - MEMO - Prosecutor saying that Defense Counsel's argument was a lie was an isolated comment and did not warrant a reversal of a conviction
State v Becerra – Rear tail light not working, and Arizona Law only requires one working tail light, but stop was legal because of public safety concerns that the vehicle was unsafe – community caretaking – waiver of a jury trial – where record is silent on proper waiver of a jury trial, a new trial is appropriate
State v Duran – Using statements Defendant made at the Change of Plea for impeachment at trial when the plea agreement falls through – harmless error – In certain situations, Defendant must take stand to testify to preserve issue for appeal – Allie Rule
State v Colvin – California DUIs can be used to prove 3 DUIs within 7 Years in Arizona – Acts in another jurisdiction that if committed in this state would be a violation of Arizona DUI laws – 28-1383(A)(2) – Untimely motion – Foreign Prior – Out of State Prior – Consider other state laws as a whole, not merely statues in isolation
State v Gray – Rule 20 – Motion for Judgment of Acquittal – Substantial Evidence – Defense Counsel giving an Opening Statement before arguing Rule 20 can be considered in Rule 20 ruling
State v Breed - Unlawful Use of Means Lesser Included Offense to Theft of Means of Transportation – Lesser Included Offenses
State v Charles – Speedy Trial – Due Diligence – Notice of Pre Trial Conference not received by Attorney or Defendant – Special Action – Court has no duty to advise Attorney of outstanding warrant on Defendant or missed court date – Abuse of Discretion – Prejudice to Defendant
State v Cooperman – Breath Testing and Partition Ratios – Presumption of Intoxication
State v Corral – MEMO – Corpus Delecti – Traffic stop for failure to read temporary license plate – Fruit of an Illegal Traffic Stop
State v Decker – MEMO – Not Fundamental Error to limit Defendant from cross examining witness on motivation to testify – Cross on substantial benefit from plea received, but not on potential sentencing range witness faced
State v Hamilton – MEMO – Insufficient Indictment – Insufficient as a Matter of Law – Abuse of Discretion
State v Hannon – MEMO – Flight from a crime scene showing consciousness of guilt – Flight Jury Instruction - Prejudice
State v Herman – MEMO – Special Action – Gas Chromatograph Instrument – Unreliability of Blood Testing Device – Daubert Scientific Standard – Order by Court to provide all chromatograms and notes as part of Discovery – Substantial Need – Fishing Expedition – Brady Material – Exculpatory Evidence
State v Jarrell – MEMO – Not Fundamental Error that other state DUI law does not match Arizona DUI law for the purposes of sentencing enhancement – must argue at trial level
State v Kemp – MEMO – Willits Instruction – Failure to Preserve surveillance video tape
State v Loney – MEMO – Prosecutorial Misconduct – Repetitive Sentencing Provisions – Statutory Interpretation – Sentencing Statutes – 13-703
State v Shilgevorkyan – MEMO – Special Action – Insufficiency of Complaint – Drug and ITS Metabolite – Hydroxy THC is metabolite of metabolite – Legislative Intent
State v Sweet – MEMO – Self Defense Instruction upon the slightest evidence – Aggravating Factors – Aggravated Sentence
State v Williams – MEMO – Motion to Suppress – Burden Shifting
Durazo v State – MEMO – Court orders a mistrial for a manifest necessity, though not requested by either party – Double Jeopardy attaches, retrial precluded
State v Villegas Rojas – Endangerment Conviction does not require a named victim
State v Narcho – MEMO – Uncontested Mitigation does not require the court to mitigate a sentence
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(602-384-8326)
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04/11/13 Search-Warrant Process in DUIs Faster for Phoenix Police 04/15/13 Brewer's Budget Axes Public-Defense Funds 09/24/12 Mesa Officers to Don Cameras to Track Work 06/16/12 Uncertainty in Lawsuits Against Phillips & Associates 12/15/11 DHS is Terminating MCSO 287(g) Jail Program 09/19/11 Phoenix Police Department Gets 50 On-Officer Cameras