Criminal

In March, we had only hours to transition from in-person teaching and law practice to remote options.  As many internet memes show, that led to some memorable court appearances sans pants, from closets and bathrooms.  Recently, we’ve been able to step back and assess our remote experiences to see what we can use for better practice and teaching, even as we return to in-person work.  I’ve attended several excellent sessions on online teaching, and I send kudos to William & Mary Law for its fantastic two-day Conference for Excellence in Teaching Legal Research & Writing Online.  (If you could not…
A few weeks ago I participated in CALIcon2020–an online conference on law school in the time of pandemic. My session was entitled “Moot Court + Pandemic = New Future.” You can view the session here. You can find videos of……
Recently, Arizona Gov. Doug Ducey granted local governments the power to implement their own regulations regarding wearing face coverings. While some municipalities have chosen not to enact measures to require face coverings, many have done so or are expected to in the very near future. Most of the cities that have enacted regulations require every individual over the age of 6 years old to wear a face-covering when within 6 feet of individuals not in your household. However, the details vary from city to city, and some cities are threatening to revoke business licenses and press criminal charges on individuals…
Arizona is known across the country as one of the toughest states on drunk driving. Penalties for a DUI conviction include mandatory jail time, heavy fines, required alcohol screening/education/treatment, automatic driver’s license suspension and mandatory installation at your expense of an ignition interlock device in your vehicle. The costs of those penalties in both personal and financial terms are heavy, but those costs are not the only ones to pay after an Arizona DUI arrest and conviction. There are hidden costs as well, including the following: Employment: a drunk driving conviction goes onto your criminal record. Employers today are more…
We have become so used to our electronic devices that we sometimes fail to notice how much screen-time we have each day and how much we have come to rely on our connected gear. Most of us value the convenience of access to almost unlimited information at any time and any place that our devices afford us. But there is mounting evidence that the information and entertainment we crave can be dangerous. A recent study shows that the infotainment systems standard on new vehicles are so distracting that their impact on driver response times is even more detrimental than drinking
Recently announced research findings are being heralded as a big step forward in the development of an electronic marijuana breathalyzer. Chemists said in a peer-reviewed American Chemical Society journal that they have found the key chemical needed to develop a breathalyzer that will be able to detect if people are driving while high on cannabis. While chemists might not recognize that there is a significant problem here, defense attorneys certainly do: breathalyzers are flawed devices that far too often generate inaccurate readings that result in unwarranted DUI arrests. Police departments across Arizona and the nation are eager for a…
In 2017, Justice Thomas surprised some when he noted that current qualified immunity jurisprudence seemed to be straying from proper judicial inquiry and into the sort of policy balancing that is more appropriately left to Congress. Until that test is changed to a legal inquiry as to whether immunity existed at common law, he opined, “we will continue to substitute our own policy preferences for the mandates of Congress.” He concluded with a warning that “[i]n an appropriate case, we should reconsider our qualified immunity jurisprudence.” Zadeh v. Robinson, when it was first decided by the Fifth Circuit in 2019,…