Superior Court >Lower Court And Admin Appeals Rules Crim Proc

a.) Rule 6.1 - Rights to Counsel; Waiver of Rights to Counsel
LC2003-000929-001 DT State v. Scouten Def. charged w/ Fict. Registr. not entitled to court-app't atty.
LC2002-000198 State v. Spillman Right to appointed counsel - no error

b.) Rule 8 - Continuances
LC2004-000076 State v. Thompson Reject defendant’s claim that trial court violated Rule 8.5(g) in denying his motion to continue trial because his expert witness, Chester Flaxmayer, was not available. It is trial counsels’ responsibility to secure the attendance of their witnesses. Here, the defense attorney did not subpoena Flaxmayer, or attempt to find another expert
LC2002-000601 State v. Crittenden denial of mot. to cont. no abuse of discretion
LC2002-000064 State v. McCarthy Speedy trial; rev'd, vac'd T.Ct.'s denial of motion to dismiss; rem'd.
LC2002-000229 State v. Dunn Continuances; no error
LC2001-000023 State v. Simmons Continuance; defendant's request denied
LC2001-000190 State v. Fleming Continuance; defendant's request denied
LC2001-000650 State v. Kenney Speed > 86 mph; due proc.; den. of pretrial conf.; den. of cont.; den. rt. to counsel
LC2001-000796 State v. Dye Continuance; prejudice (speedy trial)

c.) Rule 10.2 - Change of Judge
LC2004-000879-001 DT Favorito v. Pearce Rule 10.2 notice must be filed w/in 10 days of arraignment or notice of judge assignment in one judge Justice Court.
LC2004-000879 Favorito v. Pearce Time for filing of peremptory notice of change of judge runs from the date of arraignment, where elected Justice of the Peace is the only judge within that court on a permanent basis
LC2001-000598 State v. Schaffer Denial of change of judge per Rule 10.2

d.) Rule 13.5 - Amendment of the charge
LC2002-090045 State v. Vancleave Rule 13.5 Failure to control speed to avoid accident

e.) Rule 15 - Discovery/Disclosure
LC2005-000301-001 DT State v. Wietecha Untimely motion for additional discovery request for subpoena and motion to dismiss; relevancy of requested evidence.
LC2002-000240 State v. Cohlman R. 15.2(b) Failure to notice defense - preclusion warranted
LC2001-000093 State v. Gardner Rule 15 Disclosure
LC2001-000144 State v. Charboneau Voluntariness, jury instr. - std; police personnel file
LC2001-000463 State v. Tribble Sol. of prostitution; failure to discl. full tape recording; Phx Mun Ct aff'd
LC2001-000693 State v. Marsoner Duty to seize & preserve; State v. Youngblood; Ariz. R. Crim. P 20

f.) Rule 16 - Timely Motion; Notice
LC2003-000112-001 DT State V. Rodriguez "std of review" on a motion to dismiss or suppress.
LC2002-000234 Watson v. State Failure of state to file response; trial court grant of mot to suppr rev'd
LC2000-001983 State v. Florez-Esparza Waiver; timely motion; R. 16

g.) Rule 17 - Admission of Prior
LC2003-000048-001 DT State v. Ringle Stuart req. remand for hog. to determine if Def. was aware of range of sentence after admission of a prior DUI.
LC2002-000566 State v. Nolund Withdrawl of guilty plea w/in discr. of trial judge
LC2001-000043 State v. Evans req. advisement of all rights

Rule 17.6 - Submission
LC2003-000221-001 DT State v. Mcneil remand for failure to advise of rights at COP
LC2003-000208-001 DT State v. Landeros remand for hog. to deter. if Def. was aware of consequences of submission & rights.
LC2003-000021-001 DT State v. Durette failure of judge to advise of rights in a COP
LC2002-000747 State v. Alamin failure to inform of rights

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h.) Rule 20 - Dir'd Vdct/Mot for Acq'l
LC2004-000590-001 DT State v. Padilla When judge denies Rule 20 motion, and later grants a renewed Rule 20 motion, it is error for judge to fail to state his/her specific error of law made in original ruling. To reconsider the court must have considered improper or inadmissable evidence.
LC2002-000632 Fowler V. State trial judge properly reconsidered his ruling on Rule 20 motion; Reconsiderations is appropriate where judge discovers incorrect factual or legal finding.
LC2002-000501 State v. Beam Affirm denial of Rule 20 Motion
LC2001-000320 State v. Fenn Mot for acquittal; extreme DUI; BAC = .10; phy ctl of veh
LC2001-000487 State v. Wolfe DUI; following too close
LC2001-000693 State v. Marsoner Duty to seize & preserve; State v. Youngblood; Ariz. R. Crim. P 15
LC2001-000729 State v. Herrmann Evid. of intent; sol. of a prostitute

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i.) Rule 24 - Motions - New trial; vacate jmt; mod of sentence; clerical mistakes
LC2002-000529 State V. Cohorst judge properly denied Mot. for Mistrial and Rule 24 Mot. for New Trial based upon alleged "juror misconduct".
LC2000-001395 Nelson v. State Mot for new trial
LC2000-001932 State v. Duvall Error: denial of mot for new trial; vacate jmt

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j.) Rule 26.10 - Sentencing
LC2002-000514 State v. Hammack Remand back to trial court following order affirming conviction and sentencing, does not require new sentencing. The sentence was affirmed - case must be set for execution of sentence.
LC2003-000705-001 DT State V. Davis def. convicted of Extreme DUI w/ a prior of resisting arrest is not elgible for home detention.
LC2002-000027 Petrovova v. State Credit for time served - error
LC2002-000145 Welsh v. State Restitution; contracting w/o a license, a cl. 1 misd.
LC2002-000157 State v. Menard Tr. judge did not improperly consider prior arrests
LC2001-000672 State v. Cargiulo Right of allocation
LC2001-000630 State v. Chacon def' lack of remorse NOT appropriate factor for judge to consider in sentencing

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k.) Rule 32 - Other Post-Conviction Relief
LC2003-000668-001 DT State v. Galloway judge erred in failing to hold hearing on Def.'s claim that incarceration would deprive him of nec. medications during incarceration.
LC2002-000155 State v. Dezotell R. 32 - Review of PCR
LC2002-000419 State v. Andres Granted - Failure to advise of rt. to jury trial in aggressive driving case
CV2001-018891 Royalty v. State Consecutive sentences; decline to exercise jdx over repet. appeal w/ same facts
LC1998-000592 State v. Deihl R. 32.9(c); mot. for reconsideration

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l.) Rule 35 - Form, Content and Service of Motions and Requests
LC2002-000057 State v. Meranti No default when State fails to respond to motion
LC2002-000123 State v. Thatcher Tr. ct. waived formal req. - no confession of error when State fails to respond

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