The defense attorney of Debra Milke, a woman who has served 23 years in prison for the death of her son and was released from death row last year, claims that retrying Milke in court because of the prosecution’s withholding of evidence in the initial trial would violate her Fifth Amendment rights. The 9th U.S. Circuit Court of Appeals overturned Milke’s case when it was found that the state did not turn over evidence of misconduct by their key witness,
Jeffrey Martinson, who spent nine years in custody for the death of his son in 2004, was released in November after a judge ruled that misconduct by the prosecutor in the case was too much to overcome. The decision has far-reaching implications: Because Martinson’s verdict was overturned with prejudice, he cannot be retried for murder without invoking double jeopardy. And despite an Arizona Court of Appeals ruling in 2012 that the prosecution could re-indict Martinson on different charges, the trial
Published Wednesday, January 15, 2014 | arizona dui
The Waste Management Phoenix Open golf tournament is approaching and with it, all of the festivities that the tournament brings, including DUIs. The Scottsdale, Arizona stop of the PGA Tour will include four days of golf, large crowds and lots of alcohol. Among the list of major featured sponsors includes Alliance Beverage Distributing Company of Arizona, the largest alcoholic beverage distributor in the state. While the golfers are on the green, police will be on the prowl looking for potential
According to an Arizona Supreme Court enactment updating Ethical Rule 3.8, prosecutors are required to turn over to defense attorneys any evidence showing the possible innocence of a convicted person, and prosecutors must take it upon themselves to get the conviction reversed if they find “clear and convincing evidence” proving the defendant’s innocence, the Arizona Republic reports. The role of the prosecutor is to represent all citizens, “and therefore they, like judges, are held to higher standard and should help
Arizona prosecutors frequently find themselves under the magnifying glass for their behavior and tactics in court, and the results of this type of close examination tend to reveal several forms of error and misconduct during trial. Although prosecutor faults are identified, they are very rarely corrected. In fact, many of the trials that include prosecutor misconduct remain unaffected and unchanged despite the recognition of errors during trial. In fact, prosecutors themselves do not usually face any serious consequences. According to
Court decisions from around the country are questioning the standard testing for alcohol levels in those suspected of drunk driving. For years, a series of tests have been conducted by law enforcement to uncover elements common in people who have been suspected of drinking and driving. Officer observations are followed by roadside testing. Chemical breath tests and/or blood tests are collected as further evidence. The accuracy of this process, and breathalyzer tests in particular, is being scrutinized through a landmark
Ryan Ferguson, a 29-year-old Missouri man, was released from prison in November after the Missouri attorney general chose not to retry him for the slaying of Columbia Daily Tribune sports editor Kent Heitholt in 2001. Ferguson, only 17 at the time of the murder, was given a 40-year sentence after being implicated by friend, Chuck Erickson. He was released after Erickson admitted he and an eyewitness lied in court. Ferguson’s conviction was overturned after an appeals court ruled his trial
Maricopa County Superior Court Judge Warren Granville denied former Phoenix police officer Richard Chrisman’s request to have his aggravated assault charge thrown out on Nov. 13. In 2010, Chrisman was charged with murder and animal cruelty after he responded to a domestic violence call and it ended with the death of 29-year-old Daniel Rodriguez, in a south Phoenix trailer according to the Huffington Post. The Arizona Republic reported in November that Chrisman and his defense attorney Craig Mehrens once again
Thanksgiving is the deadliest holiday of the year when it comes to drunk driving, according to Corso Law Group. “Many people incorrectly assume that New Year’s Eve is responsible for the most drunk-driving deaths,” said John M. Rhude, Esq, of Corso Law Group. “In reality, Thanksgiving Day accounts for more fatalities related to DUIs than any other holiday. And because people don’t take it seriously, the fatality statistics continue to remain high.” According to a 2009 Forbes magazine study, an
Jessica Dever-Jakusz, a Tempe police officer, resigned earlier this month because of her involvement in a criminal investigation for hindering prosecution. Dever-Jakusz was a part of the show “Job Swap”, where she went to Switzerland for a week to patrol driving violations of citizens in Zurich. She received national attention for her participation in the show and her colleagues told CBS 5 that she was a “well-liked, well-respected officer.” The allegations surrounding Dever-Jakusz have been handed down to the Maricopa
