Arizona Supreme Court issues two new decisions on medical marijuana

The Arizona Supreme Court issued two decisions this week providing guidance as to scope of the immunity provisions contained in the medical marijuana statute. Both cases, State V. Hancock (Ferrell) and Reed-Kaliher v. Hoggatt (State), specifically addressed the government’s ability to prevent the use of medical marijuana (by a person who legally obtained it) while on probation. STATE V. HANCOCK (FERRELL) Under the Arizona Medical Marijuana Act a registered qualifying patient cannot be “arrest[ed], prosecut[ed] or penal[ized] in any manner”

Eve of Trial Evidence

Defense Attorney: “I am moving to suppress the officer’s testimony.” Prosecution: “Why? We disclosed the evidence as soon as we got it.” -Flashback 12 hours- It is the night before trial and your email shows a new message.  It is from the attorney you will be in trial with – tomorrow morning.   He writes, “We just realized that there is some evidence we intend use tomorrow that you are unaware of.”  It turns out the officer who arrested your client

Court holds that cell-site data protected under Fourth Amendment

The Florida Supreme Court just addressed an issue with national implications. This week’s decision in Tracey v. Florida, addresses the issue of: “[W]hether accessing real time cell site location information by the government in order to track a person using his cell phone is a Fourth Amendment search for which a warrant based on probable cause is required…” In particular, regardless of a person’s location on a public road, can the government use of cell site (location) information emanating from

Vehicle Searches Without A Warrant

Below is an article I came across on the U.S. Supreme Court’s decision in Arizona v. Gant (ruling that law enforcement can’t automatically search a car solely based upon an occupant being arrested). The article, and the previous one mentioned, are worth a read: Editor: Colin Miller, Univ. of South Carolina School of Law | Monday, October 6, 2014 Back in 2009, I published the article, Stranger Than Dictum: Why Arizona v. Gant Compels the Conclusion that Suspicionless Buie Searches

Supreme Court Upholds Warrantless Apartment Search

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 the suspect was arrested. The court made an exception to its prior decision in Georgia v. Randolph, which held police cannot search a home when one person who lives there objects and the other consents. Factual Summary Police officers observed a suspect in a violent robbery run into an apartment

SCOTUS, Preliminary Hearings & Brady Material

The United States Supreme Court is deciding whether to hear a case where the prosecution is arguing – Brady evidence is not required to be disclosed before a preliminary hearing. The cases is: California v. Gutierrez ISSUES PRESENTED Does the due process obligation, outlined in Brady v. Maryland, require prosecutors to provide exculpatory evidence to a defendant before a preliminary hearing at which a magistrate determines whether sufficient cause exists to require the defendant to stand trial? May a state

Due Process, Half-Truths, And Brady Material

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 all cases. This isn’t exactly an onerous requirement. It starts with the truth. The truth means…

 …the whole truth, not a half-truth. A half-truth is a type of lie. A half-truth can make something that is merely a belief appear to be knowledge. A half-truth is a deceptive

Executive director of Arizona Medical Board fired

By Yvonne Wingett Sanchez and Mary K. Reinhart The Republic | azcentral.com Days after a scathing report accused her of violating multiple state laws and rules, a divided Arizona Medical Board on Saturday fired longtime Executive Director Lisa Wynn during a hastily called special meeting. That meeting came after Wynn refused to step down. Board Chairman Gordi Khera called Wynn on Friday and asked for her resignation at about the same time board staff posted the unusual Saturday meeting to

DUI Conviction Overturned – Court Erred By Denying Continuance

Six days before his trial, Defendant moved for a continuance in order to substitute new counsel.  Defendant stated: He had concerns with “his current attorney’s defense strategies and trial presentation;” He also explained to the trial court he was uncomfortable with the firm he originally had hired after being transferred between attorneys several times; He did not have the funds to retain new counsel until recently, and he had already paid a substantial consulting fee to the new attorney. The

DUI Posts: From My DUI Blog

Here are the latest posts from my DUI Blog: A Reported Result vs. A Complete Result In DUI cases, a machine called a gas chromatograph is often used to measure an alcohol concentration in a blood sample.   The measurement, which the machine prints at the end of the process, is called a reported result.  We are finally at the point in Arizona, where courts are starting to recognize that merely providing a reported result is not sufficient evidence.  The