The U.S. Supreme Court, in Fernandez v. California, has upheld the warrantless search of an apartment when the suspect objected, but his girlfriend (and co-occupant) consented to the search after...
https://arizonacriminaldefenseblog.com/2014/supreme-court-upholds-warrantless-apartment-search/
Real justice means everyone accused of a crime gets a fair process to defend against the accusations. In many cases due process happens. Our system of justice, however, requires that occurs in al...
https://arizonacriminaldefenseblog.com/2013/due-process-half-truths-and-brady-material/
Stephen Lemons | New Times As Maricopa County Attorney Bill Montgomery fights to keep Debra Milke behind bars pending a retrial on her overturned murder conviction, he also is fighting a proposed...
Here is latest news article on the Milke case. It discusses the potential conflict of interest issues with the Maricopa County Attorney’s Office (MCAO) prosecuting her case after the 9th Circui...
https://arizonacriminaldefenseblog.com/2013/milke-wants-mcao-conflicted-off-the-case/
Here is an update of the Massachusetts Crime Lab Scandal: • In June, 2011, allegations of misconduct at the William A. Hinton State Laboratory Institute in Jamaica Plain (Hinton drug lab) surfa...
Here are my seven favorite Brady decisions: 1. BRADY V. MARYLAND, 373 U.S.83 (1963) Both Brady and his co-defendant were found guilty of first-degree murder and sentenced to death. After trial, t...
https://arizonacriminaldefenseblog.com/2013/seven-brady-cases-you-should-know/
“Knock, knock.” “Who’s there?” says George Zimmerman. Answer – a guilty verdict. http://tinyurl.com/pzudpa7
https://arizonacriminaldefenseblog.com/2013/knock-knocking-your-way-to-a-guilty-verdict/
This month the Arizona Court of Appeals rejected the argument that a judge does not have the discretion to hold a pretrial hearing on the reliability of scientific evidence. Since January 1, 2012...
https://arizonacriminaldefenseblog.com/2013/arizona-case-law-update-the-first-daubert-decision/
In my experience most prosecutors play by the rules. They know their ethical duties and abide by them. However, I, along with many of my colleagues, have observed a growing number of prosecut...
https://arizonacriminaldefenseblog.com/2010/do-we-really-care-about-prosecutorial-misconduct/
On July 28, 2010 the federal district court issued an injunction to part of the highly publicized and talked about immigration bill in Arizona, known through-out the country as SB 1070. Practical...