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Criminal Law

Second deferred disposition of drug charge properly denied (access required)

Where appellant received a deferred disposition of a marijuana possession charge in 2007, the trial court correctly ruled that he could not receive a deferred disposition of a methamphetamine possession charge under the amended version of the deferred disposition statute. ...

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No ‘Brady’ violation by mid-trial disclosure of criminal record (access required)

The commonwealth’s mid-trial Brady disclosures about a rebuttal witness did not violate appellant’s due process rights or deny him a fair trial. Overview Appellant was convicted of robbery and wearing a mask or hood to conceal his identity. He claims ...

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Appellant had contemporaneous communication with counsel (access required)

Where appellant’s daughter testified against him at his rape trial via closed-circuit television, the technology provided satisfied the relevant statute’s requirement to provide him “contemporaneous communication” with his counsel. In the trial court Appellant Ruff was accused and convicted of ...

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Search supported by reasonable suspicion (access required)

Where a trooper’s search of a rental car was supported by individualized reasonable articulable suspicion, including the vehicle’s quick in-and-out of Arizona based on the license plate reader system and the co-defendant’s responses to questions, the defendant’s motion to suppress ...

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Prior child pornography conviction admissible (access required)

Where the defendant was indicted in 2020 for possession of child pornography, details about a 2009 child pornography conviction were admissible because they explained why the probation officer was visiting the defendant in 2019 when he discovered the material. However, ...

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