Articles Posted in Violent Crimes

“Motive” as a Reason to Admit Otherwise Inadmissible Evidence at Trial
Law Office of James Novak

When can an Arizona court admit evidence regarding a previous, seemingly unrelated offense during criminal proceedings? The answer is tricky, as there are multiple exceptions to the rule of evidence indicating that testimony about a prior bad act is inadmissible during trial. One such exception is when the evidence speaks to a party’s motive, opportunity,…

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Dealing with Prejudicial Evidence in an Arizona Criminal Trial
Law Office of James Novak

When evidence regarding a defendant is more prejudicial than it is relevant, it is the defense attorney’s job to fight to exclude the evidence in order to keep the jury from being unnecessarily biased. In a recent case before the Arizona Court of Appeals, Division Two, the defendant successfully appealed his conviction of second-degree murder…

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Self-Defense Justification in Arizona Assault and Violent Crime Cases
Law Office of James Novak

In Arizona, a person is justified in using physical force if the force is immediately necessary for that person’s protection. This justification is called self-defense. In a recent case before the Arizona Court of Appeals, Division One, the court found that the defendant did not prove he acted in self-defense during a violent altercation. With…

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How a Prosecution May Use Expert Testimony to Support Their Case
Law Office of James Novak

When defending against Arizona criminal prosecutions, understanding the nuances of expert testimony can be a game-changer in shaping the outcome of a case. The Arizona Court of Appeals recently released a ruling that helps to explain the requirements for a witness in a criminal case to testify as an expert. These standards and requirements may…

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Arizona Defendant Successfully Appeals Assault and Homicide Convictions, Advocating for Self-Defense Instruction from Trial Court Judge
Law Office of James Novak

In a recent case before the Arizona Court of Appeals, Division One, the defendant argued that the trial court erred when it failed to instruct jury members on the possibility that she was acting in self-defense. The defendant was convicted of the following offenses: leaving the scene of a fatal accident, theft of means of…

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Defendant Successfully Asks for Reconsideration of Sentence in Arizona Violent Crimes Case
Law Office of James Novak

At the beginning of February 2024, the Arizona Court of Appeals, Division One, issued an order vacating in part a defendant’s sentences that resulted from the murder of his wife. The defendant originally faced charges for second-degree murder, abandonment of a dead body, and tampering with physical evidence. He appealed his convictions and sentences, partially…

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Defendant in Arizona Murder Case Asks for Reversal Based on Involuntariness of Written Confession
Law Office of James Novak

Recently, an Arizona court denied a defendant’s appeal in a murder case involving the defendant’s former roommate. The defendant asked the court to consider the written confession that the State introduced at trial inadmissible; he claimed he did not write the confession voluntarily and, therefore, the prosecution should not have been able to use it.…

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Defendant in Child Abuse Case Argues Fact Witnesses Should Have Been Allowed to Testify During Trial
Law Office of James Novak

In a July 2023 case involving a father and his deceased daughter, the defendant asked the court to reconsider his guilty verdict from 2017. The case originated when the defendant’s three-year-old daughter was pronounced dead, and the defendant was charged with child abuse. On appeal, the defendant argued the trial court unjustly kept out evidence…

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Expert Testimony in Arizona Child Abuse Cases
Law Office of James Novak

In a recent case before the Arizona Supreme Court, the defendant argued that the lower court improperly prohibited him from presenting expert testimony at his trial for child abuse, kidnapping, and murder. According to the defendant, this mistake was costly enough to warrant a reversal, and he should therefore have another chance to present his…

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Arizona Court of Appeals Finds Young Defendant’s Confession Was Not Improperly Admitted at Trial
Law Office of James Novak

In a recent case before an Arizona court of appeals, the defendant in a murder and robbery case asked the court to find that his confession was made involuntarily. The defendant was charged when he was 16 years old, and he argued on appeal that when he confessed to the crime, he did not have…

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Arizona Criminal Defense Attorney Blog

Understanding Prolonged Traffic Stops in Arizona In Arizona, a police officer cannot keep a driver in a traffic stop against his or her will without a legal basis to do so. Arizona case law...

Arizona Court’s Opinion Reinforces Case Law Dictating Trial Court Jurisdiction Over Defendants Over Eighteen Years of Age In a recent opinion published by the Arizona Court of Appeals, Division One, the court vacated a trial court’s dismissal of an assault indictment...

Recent Arizona Court Opinion Highlights Reality that Multiple Offenses Means Harsher Sentences In Arizona, if a defendant with prior convictions is found guilty of a crime, that defendant will face a harsher sentence than if he or she had no...

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