Category Criminal Law

Simpson v. Hon. Phemonia Miller (Arizona Supreme Court Case No. CR-16-0227-PR, filed Feb. 9, 2017)

In a unanimous opinion, the Arizona Supreme Court struck down the portion of article 2, section 22(A) of the Arizona Constitution and a corresponding statute, A.R.S. § 13-3961(A)(3), that categorically prohibit bail for all persons accused of sexual conduct with a minor under the age of fifteen “when the proof is evident or the presumption great” that the accused committed […]

State v. Nissley (Arizona Supreme Court Case No. CR-15-0393-PR, filed Feb. 1, 2017)

Under Arizona law, medical personnel are required to provide to a law enforcement officer (upon request) a portion of any blood sample taken from a patient when the officer has probable cause to believe the patient was driving under the influence of alcohol or other drugs. See A.R.S. § 28-1388(E). This law is an exception to […]

State of Arizona v. Donald Wayne Dalton (Arizona Supreme Court Case No. CR-16-0012-PR, filed 12/22/2016)

In this criminal appeal, the Arizona Supreme Court clarified the standard for determining whether a trial court’s failure to instruct a jury to begin deliberations anew after permitting the mid-deliberation substitution of a juror constitutes reversible error in cases where the defendant did not object to the trial court’s failure to give the “deliberate-anew” instruction. The […]

State of Arizona v. Valencia/Healer (Arizona Supreme Court Case No. CR-16-0156-PR, filed 12/23/2016)

In this criminal law appeal, the Arizona Supreme Court was faced with the question of whether Miller v. Alabama, 132 S. Ct. 2455 (2012), is a significant change in the law that may require the resentencing of persons serving natural life sentences for crimes committed as juveniles. In Miller, the United States Supreme Court held the […]