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Felony Fraudulent Schemes and Arson of Defendant’s Arizona Home

Posted on December 7, 2021 in

In Arson case, evidence of a previous fire was admitted to show a common plan or scheme in the burning of an occupied structure which was defendant’s house. Evidence from an anonymous informant was also admitted. Defendant was convicted of arson, a class 2 dangerous felony, and attempted fraudulent schemes and artifices, a class 3… read more

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Public Colleges and Universities Can Prohibit Medical Marijuana But Statute Modifying AMMA Unconstitutional

Posted on December 7, 2021 in

ASU student with medical marijuana card convicted of drug possession on campus despite having amount allowed by Arizona Medical Marijuana Act (AMMA). Reversed on appeal. AMMA amendment was unconstitutional to extent it violated the Voter Protection Act. Arizona v. Andre Lee Juwaun Maestas Arizona Legislation Prohibited Medical Marijuana on Public College and University Campuses The… read more

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Prior Convictions Are an Element of Felony Shoplifting in Arizona Law

Posted on December 7, 2021 in

Prior convictions are an element of the crime of felony shoplifting in Arizona law; shoplifting priors are not sentencing enhancements therefore bifurcating the trial was not required. Arizona v. Lara Bifurcated Trials and Prejudicial Impact of Prior Convictions on Juries Lara was convicted of felony shoplifting after stealing merchandise from a Walmart store. Because she… read more

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Breath Tests Taken Before Defendant Contacted Counsel in Aggravated DUI

Posted on December 7, 2021 in

In this Arizona criminal case, defendant was convicted of aggravated DUI. He appealed his conviction, arguing the trial court erred in denying his motion to suppress breathalyzer test results because he was denied the right to counsel; and that the trial court improperly instructed the jury. His conviction was affirmed by the Arizona Court of… read more

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Arizona Medical Marijuana Card Affirmative Defense to Drug DUI

Posted on December 7, 2021 in

Defendants were medical marijuana cardholders convicted of drug DUI for operating a motor vehicle while under the influence of marijuana or its metabolite. Were defendants immune from drug DUI prosecution under the Arizona Medical Marijuana Act? Conviction affirmed on appeal. To learn more, read our discussion about drug DUI in Arizona law and how to… read more

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