Phoenix DUI Law Blog

January 27, 2024

Arizona Defendant Appeals Sentencing Decision in Child Abuse Case, but Court Finds No Fundamental Error

In a December 2023 case before an Arizona court of appeals, the defendant asked for a reconsideration of the lower court’s sentencing decision in her child abuse case. She was originally charged with and convicted of negligent child abuse, and she asked the higher court to conduct a review of the record, to ensure the lower court arrived at the verdict and resulting sentence fairly. Finding no fundamental error in the trial court’s record, the court of appeals affirmed.

Facts of the Case

This case revolved around a 2011 incident in which the defendant and her husband mistreated a ten-year old girl that was living with them at the time. According to the opinion, the couple subjected the girl to cruel punishment by making her remain in a backbend position for at least one hour after she took a popsicle without permission. They then locked the girl inside a storage box in a room without any air conditioning, where she eventually died.

The defendant was convicted of many offenses, including first-degree murder, intentional child abuse, and negligent child abuse. She appealed the lower court’s sentencing decision on the negligent child abuse offense.

January 10, 2024

Arizona Defendant Attempts Appeal in Drug Case, Arguing Evidence Insufficient to Show that Drugs Belonged to Him

by James E. Novak, P.L.L.C.

In a recent case before an appeals court in Arizona, the defendant asked that the court decide that the evidence was insufficient to support his conviction for drug possession. The court disagreed with the defendant, affirming his guilty verdict. The court’s opinion highlights the fact that, even if you are not driving a car that is registered in your name, you could still be liable for the car’s contents.

Facts of the Case

According to the opinion, police officers conducted a routine traffic stop one evening by pulling over the defendant’s wife. The defendant’s wife was driving the car registered in the defendant’s name, and upon conducting the traffic stop, the officers found drug paraphernalia and methamphetamine in the vehicle. The defendant was indicted on possession of dangerous drugs and possession or use of drug paraphernalia.

The defendant pled not guilty, and his case went to trial. After a jury found him guilty, the defendant promptly appealed the verdict.

The Decision

In his appeal, the defendant argued that it was his wife driving the car, not him. There was not, therefore, sufficient evidence for a jury to find that he possessed the paraphernalia and the drugs, and his conviction should be reversed.

December 30, 2023

Arizona Defendant Loses Appeal in Kidnapping Case, Demonstrating Importance of Seeking Legal Advice at Every Stage of a Criminal Case

by James E. Novak, P.L.L.C.

In a recent case before a court in Arizona, the defendant appealed convictions for burglary, kidnapping, and intimidating. He was originally charged after an incident in which he trapped his ex-girlfriend in his home and attempted to keep her there against her will. A jury found the defendant guilty, and despite his subsequent appeal, the higher court affirmed the original verdict.

Facts of the Case

According to the opinion, the defendant and his girlfriend broke up in the spring of 2019. Two months after their breakup, the defendant broke into his ex-girlfriend’s home one evening when she was sleeping, turning on her bedroom light and standing over her in an intimidating way. He told his ex-girlfriend that he had a knife, and that if she did not come with him, he would arrange for her family to be killed.

The pair drove to the defendant’s home, where he grabbed his ex-girlfriend and threw her on his bed. She was eventually able to escape and call for help. She also got the police involved, and they arrested the defendant and charged him with the following offenses: attempt to commit sexual assault, burglary in the second degree, kidnapping, and threatening or intimidating. A jury eventually found the defendant guilty of all charges except for attempt to commit sexual assault. He was sentenced to 23 years in prison.

December 15, 2023

The Uphill Battle of Criminal Appeals in Arizona

by James E. Novak, P.L.L.C.

Facing criminal charges can be an arduous journey, and the prospect of a successful appeal post-conviction can be even more challenging. In a recent Arizona case, the defendant appealed his convictions for aggravated assault and related charges. This blog post explores the difficulties encountered in pursuing a criminal appeal after a conviction.

According to the facts discussed in the recently decided appellate opinion, the defendant was charged with aggravated assault, endangerment, disorderly conduct with a weapon, and misconduct involving weapons after an incident in June 2021 when he allegedly fired shots inside a crowded bar, injuring two patrons. The defendant was convicted after seven-day jury trial. Despite raising several issues in his appellate brief, the court, after careful review, found no error in the proceedings.

Forensic Testing

The defendant argued that insufficient forensic testing and a potential misidentification warranted a reversal of his conviction. However, the court emphasized the sufficiency of evidence presented during the trial, including eyewitness accounts and video surveillance, corroborating the bouncers’ testimony.

Credibility of Witnesses

The defendant challenged the credibility of various witnesses, a common tactic in appeals. However, the court reiterated that witness credibility is a matter for the jury to decide during trial, and the defendant had the opportunity to impeach witnesses during proceedings.

November 30, 2023

Arizona Defendant Argues Body Camera Footage Inadmissible at Trial, but Court of Appeals Disagrees

by James E. Novak, P.L.L.C.

In a recent case before a court of appeals in Arizona, the defendant took issue with evidence that the lower court admitted during his trial. Originally, the defendant was charged with aggravated domestic violence. His case went to trial, a jury found him guilty, and the defendant appealed, arguing that one of the police officer’s body camera videos should not have been part of the trial. After reviewing the defendant’s argument, the higher court ultimately disagreed and affirmed the lower court’s ruling.

Facts of the Case

According to the opinion, the defendant was charged after a pedestrian saw him and his partner arguing on the sidewalk. Apparently, the defendant had pulled his partner’s hair, hit her on the head, and snatched her phone from her hand to throw it on the ground. Once police officers arrived to investigate, the defendant’s partner was at their son’s school, where she had been heading when the altercation ensued. She was in the front office, visibly upset.

The State charged the defendant with aggravated domestic violence. During trial, the State introduced evidence of the police officer’s body camera, which showed the defendant’s partner’s demeanor and distress when she was in the school’s front office. The jury found the defendant guilty, and he promptly appealed.

November 15, 2023

State of Arizona Appeals Lower Court’s Suppression Order in Case that Highlights Issues with Officer’s Prolonged Traffic Stop

by James E. Novak, P.L.L.C.

In a recent case before an Arizona court of appeals, the State challenged the lower court’s decision to suppress evidence of drugs that an officer found in a defendant’s vehicle. An officer originally pulled the defendant over for a traffic violation, and after a prolonged stop, the officer found drugs in the defendant’s vehicle. When the defendant filed a motion to suppress, the lower court granted it. On appeal, the higher court affirmed this ruling, siding with the defendant by affirming that the incriminating evidence was rightfully suppressed.

Facts of the Case

According to the opinion, an officer noticed while on patrol that the defendant was following another car too closely as he drove by. The officer stopped the defendant and immediately began asking him questions about where he was headed. As he continued to ask questions, the officer asked the defendant to leave his vehicle and sit in the passenger seat of the patrol car.

The officer explained to the defendant that his job was to find individuals that were trafficking drugs. He also assured the defendant that he would only give him a warning for the traffic violation. The officer then asked the defendant if he had drugs in the car, and the defendant admitted he had marijuana in his vehicle.

October 30, 2023

Arizona Defendant in Aggravated Assault Case Challenges Guilty Conviction Based on Officer’s Muted Body Camera

by James E. Novak, P.L.L.C.

In a September 2023 case before an Arizona court of appeals, the defendant appealed a jury’s finding that he was guilty of aggravated assault. The defendant was first charged after a security guard saw him attack a man on the sidewalk. The defendant pled not guilty, and he also filed a motion to dismiss, arguing that the officer involved in the investigation muted her body camera during a potentially critical part of her interview with the victim. The trial court denied the defendant’s motion to dismiss, and he appealed.

Facts of the Case

According to the opinion, a security guard for a local business was working the night shift when he noticed the defendant on the business’s property. Finding the defendant’s presence suspicious, the officer finished his shift and drove around to find the defendant. He ended up locating him at another individual’s workplace, and he immediately saw the defendant attack the individual on the sidewalk. The defendant used a knife to stab the individual’s neck and back, and the security guard immediately detained the defendant until police officers could arrive.

Later, investigators found a knife with DNA from both the defendant and the individual on the sidewalk. The State charged the defendant with aggravated assault, and he filed a motion to dismiss. The lower court denied that motion, and a jury found the defendant guilty as charged. The defendant promptly appealed the lower court’s denial of his motion to dismiss.

October 15, 2023

Arizona Defendant Caught in Drug Exchange, Leading to Guilty Conviction

by James E. Novak, P.L.L.C.

In a recent case before an Arizona Court of Appeals, the defendant asked for a reconsideration of his convictions and sentences for two counts of sale of dangerous drugs. Originally, the State charged the defendant when it used an informant to catch him in the act of selling methamphetamine. The defendant pled not guilty, his case went to trial, and he received a guilty verdict. Reviewing the case on appeal, the higher court examined the lower court’s record and ended up affirming the original verdict.

Facts of the Case

According to the opinion, investigators worked with an informant to catch the defendant selling methamphetamine. The informant contacted the defendant two separate times to buy the substance, and both times, the informant returned from the sale with a white crystal substance. After both of the purchases, detectives analyzed the material, which tested positive for methamphetamine.

The State charged the defendant with two counts of sale of dangerous drugs. His case went to trial, and during trial, the State introduced video recordings of the transactions as well as the bags with the substance inside.

September 30, 2023

Arizona Defendant Loses Appeal in Attempted Murder Case, Despite Court’s Extensive Review of Record

by James E. Novak, P.L.L.C.

Recently, an Arizona court of appeals sided with the State in an appeal revolving around a defendant’s conviction for attempted murder. The defendant was first charged after an incident in which he grabbed hold of a woman, assaulted her, and attempted to kill her. His case went to trial, and the jury found him guilty. On appeal, the court of appeals reviewed the trial court’s record and ultimately decided that the defendant’s conviction should remain in place.

Facts of the Case

According to the opinion, the defendant was staying in a home for individuals who were having difficulty securing housing. A nonprofit organization had helped him secure the housing, and after a few days of staying in the home, the nonprofit’s director came by to see how everything was going. The director, along with two of her coworkers, began walking from room to room in the house.

When the director came to the defendant’s room, she informed him that he would be moving from the unit in which he had been residing. The defendant immediately pulled out a knife and tried to shut the door to slam the director in the room with him. He then attacked her and stabbed her in the neck. The director’s coworkers came to her rescue, but the defendant continued to lunge at her and attempt to hurt her.

September 22, 2023

Arizona Defendant Unsuccessfully Appeals Aggravated Assault Conviction, Despite Self-Defense Argument

by James E. Novak, P.L.L.C.

Recently, a court of appeals in an Arizona criminal case affirmed the defendant’s conviction for aggravated assault. The defendant was first charged after an altercation between himself and a man standing at a bus top – the incident became violent, and the defendant shot the man once in the stomach. A jury found the defendant guilty of assaulting the man, and he promptly appealed. Reviewing the record of the case, the higher court found that the conviction was proper, denying the defendant’s appeal.

Facts of the Case

According to the opinion, the defendant was at a convenience store close to a bus stop on the evening in question. A man was standing at the bus stop, and the defendant approached him. The two men looked as if they were about to fight, but before anything happened, the defendant pulled out a gun and shot the man one time in the stomach. The man was treated for several serious physical injuries.

The State charged the defendant with two counts of aggravated assault. The case went to trial, and the defendant was found guilty. The court then sentenced the defendant to 15 years in prison.