The 35th Annual Criminal Year Seminar 2017

This seminar covers critical 2016 and 2017 cases.

Some of the most important 2016 U.S. Supreme Court, Arizona Supreme Court and Arizona Court of Appeals cases will be analyzed for both prosecutors and defense counsel by our judges and other faculty members.

This seminar provides a truly balanced presentation of the most important cases and issues of 2016 and 2017.  Get the latest information on criminal procedure, evidence, criminal substantive law, and constitutional issues.

Whether you're a prosecutor or defense attorney, your success at trial is directly related to your comprehension of the latest developments in criminal law.

CRITICAL ISSUES WILL BE EXPLORED IN THE FOLLOWING CASES BY PROSECUTING ATTORNEY, JONATHAN MOSHER AND DEFENSE ATTORNEY, ROBERT McWHIRTER

State v. Goudeau (June 2016/S.Ct): (the Baseline Killer) Consumptive DNA testing did not violate DP; counts properly joined; Dessureault hearing only if in-court ID involved improper state action; autopsy photo properly admitted, & 3PC defense properly precluded.

State v. Causbie (December 2016/App.D2):  "Consent" and "incapable of consent by reason of...alcohol" (sexual assault statute) are not unconstitutionally vague.

State v. Florez (October 2016/App.D2):  "Humping" victim through clothing is sufficient to support a conviction for sexual conduct with a minor.

State v. Holle (September 2016/S.Ct.):  Lack of sexual interest in an affirmative defense a defendant must prove to a charge of sexual abuse or child molestation, and the state need not prove sexual interest as an element.

State v. Coleman (November 2016/App.D2):  Unlawful imprisonment, without a finding of sexual motivation, requires sex offender registration per A.R.S. 13-3821.

State v. Haskie (July 2016/App.D1): Offender profile evidence (Ketchner) & whether DV cold expert opinion constituted vouching (Lindsey).

State v. Jurden (July 2016/S.Ct.):  Regardless of the number of officers involved, resisting arrest under A.R.S. 13-2508 only permits one conviction when a defendant resists in the course of a single, continuous event.

State v. Lara (July 2016/App.D1):  Prior shoplifting convictions are elements of aggravated shoplifting, and therefore the trial court may not preclude them.

State v. Pedroza-Perez (August 2016/S.Ct.):  Trial court erred in limiting D. from mentioning the duress defense or related testimony in opening statement.

State v. Peoples (Novemver 2016/S.Ct.):  "Overnight guest" left cell phone in deceased girlfriend's apartment with video of him having sex with her non-responsive body the morning she died.  Officer's swipe of phone revealed video; suppressed because of legitimate expectation of privacy in phone/no good faith.

State v. Steinle (Moran) (June 2016/S.Ct.):  Trial Court improperly excluded cellphone video recorded by a witness based on an erroneous application of Rule 106.   

CASES COVERED WILL INCLUDE

Constitutional Law

In light of the AMMA, does "plain smell" give probably cause to search?

      State v. Cheatham, 375 P.3d 66 (2016).

      State v. Sisco, 373 P.3d 549 (2016).

Who has standing to challenge search?

      State v. Jean, 372 P.3d 1019 (Ct. App. 2016) (passenger in truck).

      State v. Peoples, 378 P.3d 421 (2016) (guest in apartment).

What gives reasonable suspicion to stop? 

      State v. Gutierrez, 381 P.3d 254 (Ct. App. 2016) (swerving across fog line).

      State v. Huez, 380 P.3d 103 (Ct. App. 2016) (riding bicycle on sidewalk or roadway).

      State v. Ruiz, 372 P.3d 323 (Ct. App. 2016) (white license plate light).

When is a mistake of law not reasonable? 

      State v. Huez, 380 P.3d 103 (Ct. App. 2016) (riding bicycle on sidewalk or roadway).

      State v. Stoll, 370 P.3d 1130 (Ct. App. 2016) (white license plate light).

When does a stop turn into an arrest? 

      State v. Maciel, 375 P.3d 938 (2016) (detained at scene of burglary).

      State v. Kjolsrud, 371 P.3d 647 (Ct. App. 2016) (detained for dog sniff).

      State v. Snyder, 382 P.3d 109 (Ct. App. 2016) (detained by store personnel).

When does the search exceed the consent? 

      State v. Becerra, 366 P.3d 567 (Ct. App. 2016) (stop for cracked windshield).

Criminal Substantive Law

Who must prove lack of motivation by a sexual interest for sexual abuse and child molestation?

      State v. Holle, 379 P.3d 197 (2016).

Resisting arrest by two officers, one offense or two?

      State v. Jurden, 373 P.3d 543 (2016).

What must a defendant admit to claim entrapment?

      State v. Gray, 372 P.3d 999 (2016).

DUI

Does driving across fog line give reasonable suspicion to stop?

      State v. Gutierrez, 381 P.3d 254 (Ct. App. 2016)

Does license plate light give reasonable suspicion to stop?

      State v. Kjolsrud, 371 P.3d 647 (Ct. App. 2016).

      State v. Stoll, 370 P.3d 1130 (Ct. App. 2016).

What must an officer advise for implied consent BAC test?

      State v. Valenzuela, 371 P.3d 627 (2016).

What must the state prove under the AMMA for an (A)(3) charge?

      Ishak v. McClennen, 2016 WL 7404666 (Ct. App. 2016).

What must the state prove to invoke the medical blood draw exception?

      State v. Nissley, 2017 WL 430072 (2017).

Criminal Procedure Law

What must the state show at a bail hearing?

      Simpson v. Miller (State), 2017 WL 526027 (2017).

When may the state use a John Doe/DNA indictment?

      State v. Neese, 366 P.3d 561 (Ct. App. 2016).

When may a trial court preclude an alibi witness as a sanction?

      State v. Ramos, 372 P.3d 1025 (Ct. App. 2016).

What must the trial court instruct when replacing juror with alternate juror?

      State v. Dalton, 385 P.3d 412 (2016).

      State v. Kolmann, 367 P.3d 61 (2016).

What may an attorney say in good faith in opening statement?

      State v. Pedroza-Perez, 377 P.3d 311 (2016).

When may the defense attorney waive the defendant's right to be present?

      State v. Kolmann, 367 P.3d 61 (2016).

What must a defendant show in a claim of newly-discovered evidence?

      State v. Amaral, 368 P.3d 925 (2016).

Evidence

Admission of a portion of a cell-phone video under Rules 106 and 801.

      State v. Steinle (Moran), 372 P.3d 939 (2016).

Scope of cross-examination under Rule 611(b).

      State ex rel. Montgomery v. Padilla (Simcox), 371 P.3d 642 (Ct. App. 2016).

Testimony by expert witnesses under Rule 702.

      State v. Romero, 365 P.3d 358 (2016).

      State v. Romero, 381 P.3d 297 (Ct. App. 2016).

      State v. Foshay, 370 P.3d 618 (Ct. App. 2016).

      State v. Goudeau, 372 P.3d 945 (2016).