Confrontation in Domestic Violence Litigation: What Every New Attorney Should Know about the Necessity of Victim Participation

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Confrontation in Domestic Violence Litigation: What Every New Attorney Should Know about the Necessity of Victim Participation"

Transcription

1 Confrontation in Domestic Violence Litigation: What Every New Attorney Should Know about the Necessity of Victim Participation By: Michael D. Dean i Those experienced in domestic violence litigation are familiar with the usual facts: a couple gets into an argument that escalates to a physical assault. When the police respond, the victim, overcome with emotion, recounts to police and medical personnel what occurred. Based on these statements, the defendant is arrested and charges are filed. As time goes on, the couple makes amends and wounds heal. The victim no longer wishing to pursue the prosecution disappears, but the State has a no drop policy. This situation forces the State to prove its case without its victim s live testimony a feat that seems impossible without violating the defendant s right to confrontation. But the young attorney should know that through thoughtful application of hearsay and Confrontation Clause exceptions, such cases may be salvageable. This article discusses three ways a victim s prior statements may be introduced against the accused, even when the victim fails to participate in the prosecution. Before diving into the details, it would be useful to discuss Confrontation Clause basics for those who have not yet crossed its path. 1 The 6 th Amendment s Confrontation Clause has been the frequent subject of Supreme Court decisions since the 2004 opinion of Crawford v. Washington. 2 In Crawford, the Court held that testimonial statements are inadmissible at trial against the accused unless (1) the witness is unavailable, and (2) the defendant had a prior opportunity to cross-examine the witness. 3 Thus, the threshold question is whether the witness statements are testimonial. To this end, courts are instructed to look at the declarant s primary purpose in making the statement at the time it was uttered. 4 Generally speaking, the statement is considered testimonial if the declarant s primary purpose was to provide facts in an investigation for later use in prosecution. 5 If the statement is testimonial, courts next examine whether the two conditions of Crawford are satisfied. Unavailability requires the proponent of the evidence to demonstrate that he or she was unable to procure the attendance of the witness at trial despite reasonably diligent effort. 6 Prior opportunity to cross-examine generally means 1 This area of the law is voluminous and complex. A comprehensive review of the Confrontation Clause is outside the scope of this article. Moreover, the case law may vary from one jurisdiction to another. It is important to conduct thorough, independent research when faced with a Confrontation issue. This piece is intended as a general starting point U.S Id. at Michigan v. Bryant, 131 S.Ct. 1143, (2011). 5 Id. 6 See e.g. Christian v. Rhode, 41 F.3d 461, 467 (9 th Cir. 1994).

2 that the defendant must have had a prior chance to develop the witness testimony, and a similar motive for doing so. 7 With these basics in mind, it is easy to see why domestic violence prosecutions where victims are notoriously evasive seem doomed from the start. After all, one would expect that allegations of abuse made after law enforcement intervention are almost certainly testimonial in nature. However, this article will now examine three possible avenues through which the state may be able to overcome this apparent barrier. 1. Forfeiture by Wrongdoing: Advice for the Defense Many defense attorneys are familiar with the common client inquiry: What will happen if she [or he] doesn t show? In cases where there is a strong tie between our client and the victim, we usually have already asked ourselves that very question. We have a duty to our clients to answer such a pertinent question as it may bear on the outcome of the case. However, make sure your answer also addresses what will happen if your client causes the victim not to appear. If the State discovers that your client caused a witness to evade the subpoena (and can prove it), the State may invoke the principle of forfeiture by wrongdoing. Constitutional protection or not, the Confrontation Clause is still subject to long-recognized legal doctrines that were in place at the time the Sixth Amendment was adopted. If your client has engaged in conduct with the design to prevent the victim s attendance at trial, the client loses the safeguard created by the Confrontation Clause. 8 Your client forfeits the ability to object to the victim s testimonial hearsay statements and, by your client s own design, eliminates the opportunity to cross-examine those statements. In short, your client gets nothing and pays everything. You also have your own hide to look after. Your matter-of-fact advice that a witness s failure to appear may be advantageous could be misconstrued as a nod of approval to influence the witness. If you find yourself in the position of a client seeking advice to the hypothetical noshow, make it absolutely clear that you are in no way encouraging that the client influence the witness. Also, follow up with a letter that puts your advice in writing and explicitly list the potential consequences of tampering with the witness. In addition to warning of evidentiary consequences, your letter should remind the client of any protective/no-contact order in place, and should instruct your client that tampering may result in the filing of additional criminal charges. 2. Medical Records and Statements Made to Treating Personnel 7 See U.S. v. Yida, 498 F.3d 945, 950 (9 th Cir. 2007). 8 Giles v. California, 128 S.Ct (2008).

3 Medical records also provide an avenue for proving a domestic violence case without the assistance of the victim. To be sure, the State must usually only prove that the defendant, who stood in a domestic relationship with the victim, knowingly or intentionally battered the victim. Certified medical records are usually admissible pursuant to the business record exception to the hearsay rule. 9 Moreover, medical personnel who made first-hand observations of the victim s physical condition may be called to testify about their observations. The real value to the victim s testimony is describing how the injuries were inflicted and who was responsible. Here, the Confrontation Clause is not likely to be helpful. This is because statements made to a physician or medical personnel for treatment are not testimonial. That is, the primary purpose of the statement is not to assist law enforcement with building a case for prosecution; it is for treatment of injuries. Rule 803(4) of the Federal Rules of Evidence, and the rule of many other jurisdictions, removes statements regarding the cause of injury from the general bar on hearsay. Moreover, the witness s unavailability is immaterial to this exception. But what about proof of the attacker s identity? Surely the victim must be brought to trial to establish that fact in order to satisfy confrontation, right? Actually, no. There exists a growing body of authority upholding the introduction of medical records and testimony from treating physicians regarding the victim s identification of the attacker in domestic cases. The logic is that such information is necessary for diagnosis or treatment insofar that it bears on advice to seek counseling or therapy, 10 or in sexual assault cases screening for sexually transmitted diseases. 11 This boils down to a few practice points: (1) if you are the State, always obtain certified medical records any time your victim has been treated. Moreover, always be sure to interview anybody that was involved in the treatment process to obtain a complete collection of statements made by the victim. The hearsay exception for statements made for diagnosis and treatment may not be limited to statements made to physicians alone, but may also be applicable to any person the victim relied on for treatment. 12 This includes EMTs who came to the scene if your victim declined treatment at a hospital. (2) If you are the defense, be extremely cautious when deciding whether or not to subpoena medical records. If the State has not thought to do so, you may be providing them with an avenue to prove the case that wasn t previously known. Remember, you have a duty to turn over evidence obtained from third parties. (3) If you are the State and you are going to subpoena records, subpoena them for the entire duration of the relationship. Your 9 See e.g. Fed. R. Evid. 803(6). 10 See e.g. U.S. v. Peneaux, 432 F.3d 882 (8 th Cir. 2005); 11 See e.g. U.S. v. George, 960 F.2d 97 (9 th Cir. 1992). 12 E.g. advisory committee notes to Fed. R. Evid. 803(4).

4 jurisdiction may permit evidence of prior abuse over a character evidence objection. Past physical conflict may go to prove motive, intent, or absence of mistake The Ongoing Emergency Outside of possible medical records, there likely exist far more damaging statements made to law enforcement at the scene. If the victim does not appear for court, the defense s first objection to any effort by the testifying officer to establish that the defendant inflicted the injuries should be hearsay (absent the unlikely event that the officer personally witnessed the battery). Most experienced officers and prosecutors will anticipate this and will probably already have laid the appropriate foundation for excited utterance establishing that the victim was in a highly emotional state when the statements were made, brought on by the recent violence. The next objection, granted the victim is not appearing, should be to invoke the defendant s confrontation right. But recent developments in this area of the law have provided the prosecution with an escape hatch. In many instances, the delay in police response provides a window of time for the violence to stop and for the defendant to leave the residence. The uncertainty of the suspect s location and his clear potential to cause violence may create an ongoing emergency that must be quelled. This does something interesting to the confrontation analysis: the State will (and should) argue that the victim s primary purpose in making the statement to the officers (as shown by the circumstances) was to assist in the location and apprehension of the suspect or to address her injuries, not to assist in preparing the case for prosecution. If that is accepted, the statements made are not testimonial therefore removing them from confrontational protection. 14 With that barrier down, the State must only provide a hearsay exception in order for the evidence to be admissible. Again, this creates a potential avenue to prove the case without the victim s assistance. The issue of ongoing emergency is fact-sensitive. When possible, a preliminary hearing should be requested to decide the admissibility of the evidence. Evidence and argument should focus on the declarant s primary purpose for making the statements. Was this a hasty fact gathering, or a formal interview pursuant to an established procedure? Was the declarant discussing events that were still being responded to, or past events that are now being investigated? Was the declarant seeking help for a current physical danger? Were the statements made at a secure location, or at the scene where the violence occurred? The prosecution should attempt to paint a picture of a hectic, unorganized crime scene with a dangerous, loose cannon at large and a fragile frantic victim in need of medical attention. The defense should attempt to show a calm and secure environment, a victim being interviewed 13 E.g. Iqbal v. State, 805 N.E.2d 401 (Ind. Ct. App. 2004). 14 Bryant, 131 S.Ct

5 based on a standardized procedure, and a defendant who was merely cooling off, not a continuing threat to the public. Conclusion There are volumes of decisional law on the issue of confrontation. It is simply not feasible to provide the new practitioner with everything he or she needs to know about this topic in one brief article. However, by grasping these pointers, you will certainly have gained an advantage in the prosecution or defense of domestic violence cases involving the inevitable uncooperative victim. i Michael Dean is a felony trial attorney with the Wayne County (Indiana) Office of the Public Defender. He also serves as Co-Chair of the Young Lawyers Committee. Michael can be contacted by at

The Indiana Coalition Against Domestic Violence

The Indiana Coalition Against Domestic Violence Evidentiary Issues in Domestic Cases: An Overview Introduction A. Importance of legal representation in cases that involve domestic violence. B. History of protection order laws and implications for evidence.

More information

Training Memo: How a Defense Attorney Reads a Domestic Violence Related Report

Training Memo: How a Defense Attorney Reads a Domestic Violence Related Report Training Memo: How a Defense Attorney Reads a Domestic Violence Related Report Defense attorneys clients typically provide one of six defenses in domestic violence cases, as discussed below. The defense

More information

Confrontation and the Expert Witness. State Public Defender Conference November 9, 2012

Confrontation and the Expert Witness. State Public Defender Conference November 9, 2012 Confrontation and the Expert Witness State Public Defender Conference November 9, 2012 The Big Question On what kind of information can an expert opinion be based? admissible facts and data? No problem

More information

STATES REQUEST TO USE OUT OF COURT STATEMENTS (FORFEITURE BY WRONGDOING) Comes now the State of Indiana by its Deputy Prosecuting Attorney,

STATES REQUEST TO USE OUT OF COURT STATEMENTS (FORFEITURE BY WRONGDOING) Comes now the State of Indiana by its Deputy Prosecuting Attorney, STATE OF INDIANA IN THE MARION SUPERIOR COURT SS: CRIMINAL DIVISION, ROOM 21 COUNTY OF MARION CAUSE NO. 49-G21-1108-FD-055231 STATE OF INDIANA v. DANNY LEFLORE STATES REQUEST TO USE OUT OF COURT STATEMENTS

More information

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

More information

COMMENTS OF NATIONAL ASSOCIATION OF CRIMINAL DEFENSE. LAWYERS on proposed stylistic changes to Federal Rules of.evidence Rule 401

COMMENTS OF NATIONAL ASSOCIATION OF CRIMINAL DEFENSE. LAWYERS on proposed stylistic changes to Federal Rules of.evidence Rule 401 09-EV-01 9 COMMENTS OF NATIONAL ASSOCIATION OF CRIMINAL DEFENSE. LAWYERS on proposed stylistic changes to Federal Rules of.evidence Rule 401 ARTICLE IV. RELEVANCY AND ITS ARTICLE IV. RELEVANCY AND LIMITS

More information

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS Case 307-cr-00289-M Document 368 Filed 08/01/2008 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS UNITED STATES OF AMERICA, v. DON HILL, et al., Defendants. NO. 307CR289-R ELECTRONICALLY

More information

AN EXERCISE IN FICTION : THE SIXTH AMENDMENT CONFRONTATION CLAUSE, FORFEITURE BY WRONGDOING, AND DOMESTIC VIOLENCE IN DAVIS V.

AN EXERCISE IN FICTION : THE SIXTH AMENDMENT CONFRONTATION CLAUSE, FORFEITURE BY WRONGDOING, AND DOMESTIC VIOLENCE IN DAVIS V. AN EXERCISE IN FICTION : THE SIXTH AMENDMENT CONFRONTATION CLAUSE, FORFEITURE BY WRONGDOING, AND DOMESTIC VIOLENCE IN DAVIS V. WASHINGTON REBECCA MCKINSTRY* I. INTRODUCTION Women who are victims of domestic

More information

Domestic Violence and Victimless Prosecution. Conway Police Department. Criminal Justice Institute. School of Law Enforcement Supervision XXXII

Domestic Violence and Victimless Prosecution. Conway Police Department. Criminal Justice Institute. School of Law Enforcement Supervision XXXII Domestic Violence and Victimless Prosecution Lt. Laura Hodges Conway Police Department Criminal Justice Institute School of Law Enforcement Supervision XXXII Fall 2008 Domestic Violence and Victimless

More information

BEADLE COUNTY PROCEDURES AND POLICIES FOR PROSECUTION OF DOMESTIC VIOLENCE AND PROTECTION ORDER VIOLATIONS

BEADLE COUNTY PROCEDURES AND POLICIES FOR PROSECUTION OF DOMESTIC VIOLENCE AND PROTECTION ORDER VIOLATIONS BEADLE COUNTY PROCEDURES AND POLICIES FOR PROSECUTION OF DOMESTIC VIOLENCE AND PROTECTION ORDER VIOLATIONS I. Policy statement. A. Overview. South Dakota prosecutors have made significant strides in the

More information

IOWA ATTORNEY GENERALS OFFICE PROCEDURES AND POLICIES FOR PROSECUTION OF DOMESTIC ABUSE CASES Iowa Code 13.2(14) (2007)

IOWA ATTORNEY GENERALS OFFICE PROCEDURES AND POLICIES FOR PROSECUTION OF DOMESTIC ABUSE CASES Iowa Code 13.2(14) (2007) IOWA ATTORNEY GENERALS OFFICE PROCEDURES AND POLICIES FOR PROSECUTION OF DOMESTIC ABUSE CASES Iowa Code 13.2(14) (2007) I. Policy statement. A. Overview. Iowa county attorneys have made significant strides

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

COMMUNITY PROTOCOL FOR DOMESTIC VIOLENCE CASES

COMMUNITY PROTOCOL FOR DOMESTIC VIOLENCE CASES COMMUNITY PROTOCOL FOR DOMESTIC VIOLENCE CASES PURPOSE: The County Attorney, Sheriff, Police Chief, Court Service Officer and DV Agency have mutually agreed upon this community protocol to encourage the

More information

CERTIFIED FOR PUBLICATION APPELLATE DIVISION SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE. THE PEOPLE, CASE No. 30-2009-304893

CERTIFIED FOR PUBLICATION APPELLATE DIVISION SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE. THE PEOPLE, CASE No. 30-2009-304893 Filed 5/21/10 CERTIFIED FOR PUBLICATION APPELLATE DIVISION SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE THE PEOPLE, CASE No. 30-2009-304893 Plaintiff and JUDGMENT ON APPEAL Respondent, from the SUPERIOR

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

Victims of Crime Act

Victims of Crime Act Victims of Crime Act PURPOSE Recognizing the state's concern for victims of crime, it is the purpose of the Victims of Crime Act [31-26-1 NMSA 1978] to assure that: A. the full impact of a crime is brought

More information

Case 1:10-cr-00134-WSD-LTW Document 69 Filed 01/21/11 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 1:10-cr-00134-WSD-LTW Document 69 Filed 01/21/11 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Case 1:10-cr-00134-WSD-LTW Document 69 Filed 01/21/11 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA, : : CRIMINAL INDICTMENT NO.:

More information

CASCADE COUNTY ATTORNEY S OFFICE PARTNER/FAMILY MEMBER ASSAULT PROSECUTION PLAN

CASCADE COUNTY ATTORNEY S OFFICE PARTNER/FAMILY MEMBER ASSAULT PROSECUTION PLAN CASCADE COUNTY ATTORNEY S OFFICE PARTNER/FAMILY MEMBER ASSAULT PROSECUTION PLAN I. DEFINITIONS A. (a). Partner/Family Member Assault, 45-5-206 MCA, means the following, if committed against a partner or

More information

Departmental Policy for Handling of Domestic Violence Incidents Involving Law Enforcement Officers 1

Departmental Policy for Handling of Domestic Violence Incidents Involving Law Enforcement Officers 1 Departmental Policy for Handling of Domestic Violence Incidents Involving Law Enforcement Officers 1 This Policy, prepared by the Division of Criminal Justice, is intended to serve as a model for the law

More information

THE MINNESOTA LAWYER

THE MINNESOTA LAWYER THE MINNESOTA LAWYER September 6, 2004 MN Court of Appeals Allows Testimony on Battered-Woman Syndrome By Michelle Lore A District Court judge properly allowed an expert on battered-woman syndrome to testify

More information

Responding to Victim/Witness Intimidation:

Responding to Victim/Witness Intimidation: Responding to Victim/Witness Intimidation: Milwaukee s Approach Detective Branko Stojsavljevic DV Liaison Kara Schurman Milwaukee Police Department Sensitive Crimes September 19, 2012 Criminal Intimidation

More information

Contemporary Ethical and Legal Challenges in Mental Health. University of South Alabama Mobile, Alabama March 11, 2016

Contemporary Ethical and Legal Challenges in Mental Health. University of South Alabama Mobile, Alabama March 11, 2016 Contemporary Ethical and Legal Challenges in Mental Health University of South Alabama Mobile, Alabama March 11, 2016 Meet the Presenter Theodore P. Remley Jr. JD, PhD, NCC, LPC, LMFT Contemporary Ethical

More information

Prosecuting Elder Financial Exploitation: A Primer

Prosecuting Elder Financial Exploitation: A Primer Prosecuting Elder Financial Exploitation: A Primer Elizabeth Loewy Chief Elder Abuse Unit Special Victims/Special Prosecutions Bureaus New York County District Attorney s Office 80 Centre Street 212.335.8920

More information

Advisory Committee on Professional Ethics. Appointed by the Supreme Court of New Jersey

Advisory Committee on Professional Ethics. Appointed by the Supreme Court of New Jersey N.J.L.J. N.J.L. Advisory Committee on Professional Ethics Appointed by the Supreme Court of New Jersey OPINION 709 Advisory Committee on Professional Ethics Conflict of Interest: Municipal Police Officer

More information

Prosecuting Attorneys Council of Georgia Transition Into Prosecution Program

Prosecuting Attorneys Council of Georgia Transition Into Prosecution Program Prosecuting Attorneys Council of Georgia Transition Into Prosecution Program Office: Name of Beginning Lawyer: Bar No. Name of Mentor: Bar No. MODEL MENTORING PLAN OF ACTIVITIES AND EXPERIENCES FOR STATE

More information

INTRODUCTION DO YOU NEED A LAWYER?

INTRODUCTION DO YOU NEED A LAWYER? INTRODUCTION The purpose of this handbook is to provide answers to some very basic questions that inmates or inmates families might have regarding the processes of the criminal justice system. In no way

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

A Victim s Guide to Understanding the Criminal Justice System

A Victim s Guide to Understanding the Criminal Justice System A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:

More information

Purpose of the Victim/Witness Unit

Purpose of the Victim/Witness Unit Purpose of the Victim/Witness Unit The Victim/Witness Assistance Division of the Lake County State s Attorney s Office was formed to serve the needs of people like you. The division is meant to ensure

More information

District Court, City and County of Denver, Colorado Court Address: 1437 Bannock Street, Denver, CO 80202

District Court, City and County of Denver, Colorado Court Address: 1437 Bannock Street, Denver, CO 80202 District Court, City and County of Denver, Colorado Court Address: 1437 Bannock Street, Denver, CO 80202 THE PEOPLE OF THE ST ATE OF COLORADO Plaintiff v. 0 COURT USE ONLY D DANIEL Accused Douglas K. Wilson,

More information

Chapter 3: State s Attorney Component

Chapter 3: State s Attorney Component Chapter 3: State s Attorney Component Chapter 3: State s Attorney Component Table of Contents I. Introduction.. 3 II. Structures and Strategies for Effective Prosecution.. 3 III. Sources of Cases and Charging

More information

County Court Restraining Orders

County Court Restraining Orders Answers to Your Questions About County Court Restraining Orders Excellence in Customer Service Colorado Judicial Branch http://www.courts.state.co.us June 2002 CIVIL LAW In a civil case, the person seeking

More information

STATE OF ARIZONA ex rel. WILLIAM G. MONTGOMERY, Maricopa County Attorney, Petitioner/Appellee,

STATE OF ARIZONA ex rel. WILLIAM G. MONTGOMERY, Maricopa County Attorney, Petitioner/Appellee, IN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA ex rel. WILLIAM G. MONTGOMERY, Maricopa County Attorney, Petitioner/Appellee, v. THE HONORABLE RONALD KARP, Justice of the Peace Pro Tempore,

More information

California s Domestic Violence & Mandatory Reporting Law: Requirements for Health Care Practitioners

California s Domestic Violence & Mandatory Reporting Law: Requirements for Health Care Practitioners California s Domestic Violence & Mandatory Reporting Law: Requirements for Health Care Practitioners TABLE OF CONTENTS 1) Most Common Questions and Answers on Mandatory Reporting Requirements for Health

More information

BEADLE COUNTY PROCEDURES AND POLICIES FOR PROSECUTION OF SEXUAL ASSAULT CASES

BEADLE COUNTY PROCEDURES AND POLICIES FOR PROSECUTION OF SEXUAL ASSAULT CASES BEADLE COUNTY PROCEDURES AND POLICIES FOR PROSECUTION OF SEXUAL ASSAULT CASES I. Policy Statement A. Overview South Dakota prosecutors have made significant strides in the prosecution of sexual assault

More information

The Continued Victimization Of Sexually Abused Children On The Stand. by Allison Arterberry ---

The Continued Victimization Of Sexually Abused Children On The Stand. by Allison Arterberry --- The Continued Victimization Of Sexually Abused Children On The Stand by Allison Arterberry --- One of the most gut wrenching scenes you can ever witness is a child crying, humiliated, and demoralized,

More information

GUIDE TO WHAT TO EXPECT

GUIDE TO WHAT TO EXPECT D e l Si g n o r e L a w GUIDE TO WHAT TO EXPECT AT A CLERK MAGISTRATE HEARING What you need to know about your Massachusetts clerk magistrate hearing. Authored by Attorneys Michael DelSignore And Julie

More information

EXPERT WITNESS TESTIMONY IN DOMESTIC VIOLENCE CASES

EXPERT WITNESS TESTIMONY IN DOMESTIC VIOLENCE CASES EXPERT WITNESS TESTIMONY IN DOMESTIC VIOLENCE CASES A multi-disciplinary approach to systems change and offender accountability Megan Widman, MSW Director of Social Action, HAVEN Co-Chair, Oakland County

More information

1. What is the role of a defense attorney?

1. What is the role of a defense attorney? FAQs for Advocates: Understanding the Role of Defense Attorneys And Suggestions for Interacting When the Survivor Is the Defendant in a Criminal Case January 2008 This document was developed by a work

More information

OBJECTIVES CRIMINAL PROCESS- PROSECUTING ATTORNEY S OFFICE NAVIGATING THE CRIMINAL AND CIVIL PROCESS IN CHILD ABUSE AND NEGLECT CASES

OBJECTIVES CRIMINAL PROCESS- PROSECUTING ATTORNEY S OFFICE NAVIGATING THE CRIMINAL AND CIVIL PROCESS IN CHILD ABUSE AND NEGLECT CASES NAVIGATING THE CRIMINAL AND CIVIL PROCESS IN CHILD ABUSE AND NEGLECT CASES LORI FLUEGEL ASSISTANT PROSECUTING ATTORNEY JACKSON COUNTY OBJECTIVES UNDERSTANDING OF THE CRIMINAL AND CIVIL PROCESS OF CHILD

More information

Federal Criminal Court

Federal Criminal Court No person... shall be compelled in any criminal case to be a witness against himself nor be deprived of life, liberty or property without due process of law. Amendment V. Defendant may not be compelled

More information

Community Legal Information Association of PEI, Inc. Sexual Assault

Community Legal Information Association of PEI, Inc. Sexual Assault Community Legal Information Association of PEI, Inc. Sexual Assault As an adult in Canada, you have the right to choose when or if you engage in sexual activity. Sexual activity without your consent is

More information

IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO. Plaintiff, : Case No. 15 CR 377. v. : Judge Berens

IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO. Plaintiff, : Case No. 15 CR 377. v. : Judge Berens IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO STATE OF OHIO, : Plaintiff, : Case No. 15 CR 377 v. : Judge Berens TAMARA L. RIFFLE, : Entry Regarding Defendant s Motion to Dismiss Defendant. : This

More information

Maricopa County Attorney s Office Adult Criminal Case Process

Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors

More information

Chapter 13 Procedure (Last Updated: May 13, 2013) Chapter 13.A Speedy Trial Chapter 13.B Recorded Interrogations

Chapter 13 Procedure (Last Updated: May 13, 2013) Chapter 13.A Speedy Trial Chapter 13.B Recorded Interrogations Chapter 13 Procedure (Last Updated: May 13, 2013) Chapter 13.A Speedy Trial Chapter 13.B Recorded Interrogations Chapter 13.A Procedure Speedy Trial (Last Updated: May 13, 2013) 29-1207. Trial within six

More information

The Juvenile and Domestic Relations District Court

The Juvenile and Domestic Relations District Court The Juvenile and Domestic Relations District Court I. General Information The juvenile and domestic relations district court handles cases involving: Juveniles accused of delinquent acts, traffic infractions

More information

Austin Independent School District Police Department Policy and Procedure Manual

Austin Independent School District Police Department Policy and Procedure Manual Policy 4.11 Austin Independent School District Police Department Policy and Procedure Manual Domestic Violence I. POLICY (TPCAF 7.08.1) It is the policy of the AISD Police Department to respond to all

More information

Morgan County Prosecuting Attorney Debra MH McLaughlin

Morgan County Prosecuting Attorney Debra MH McLaughlin Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit

More information

MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program

MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program The following is submitted as a Model Mentoring Plan for the criminal defense practice field. It was prepared by an experienced

More information

Evidence Checklist FOR IMMIGRANT VICTIMS APPLYING FOR THE CRIME VICTIM VISA (U VISA) 1

Evidence Checklist FOR IMMIGRANT VICTIMS APPLYING FOR THE CRIME VICTIM VISA (U VISA) 1 Evidence Checklist FOR IMMIGRANT VICTIMS APPLYING FOR THE CRIME VICTIM VISA (U VISA) 1 This is a comprehensive list. In most cases, these documents are not mandatory. However, the more documentation available,

More information

YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET

YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET Table of Contents CRIMINAL PROCEDURE Initial Appearance/Bond Preliminary

More information

Appendix 5C Training Memo Use of Expert Witnesses in Domestic Violence Cases 1

Appendix 5C Training Memo Use of Expert Witnesses in Domestic Violence Cases 1 Appendix 5C Training Memo Use of Expert Witnesses in Domestic Violence Cases 1 Introduction The widespread myths surrounding domestic violence lead to a focus on the behavior of the victim rather than

More information

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Chapter 337-A: PROTECTION FROM HARASSMENT Table of Contents Part 12. HUMAN RIGHTS... Section 4651. DEFINITIONS... 3 Section 4652. FILING OF COMPLAINT; JURISDICTION...

More information

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado. Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.gov/court JURY READINESS CONFERENCE INSTRUCTIONS You have set your case for

More information

The Judiciary, State of Hawai i

The Judiciary, State of Hawai i Qqncia 5 h Q vry- -5 _a3,'iii A flfrfl -E or $94 The Judiciary, State of Hawai i Testimony to the House Committee on Judiciary Representative Karl Rhoads, Chair Representative Joy San Buenaventura, Vice

More information

UNDERSTANDING AND RESPONDING TO SUBPOENAS: A GUIDE FOR IMMIGRATION ATTORNEYS REPRESENTING U-

UNDERSTANDING AND RESPONDING TO SUBPOENAS: A GUIDE FOR IMMIGRATION ATTORNEYS REPRESENTING U- UNDERSTANDING AND RESPONDING TO SUBPOENAS: A GUIDE FOR IMMIGRATION ATTORNEYS REPRESENTING U- VISA APPLICANTS This guide was developed in May 2010 by Samantha Barbas and Joelle Emerson, students in Stanford

More information

Kittitas County Prosecuting Attorney GREGORY L. ZEMPEL

Kittitas County Prosecuting Attorney GREGORY L. ZEMPEL Kittitas County Prosecuting Attorney GREGORY L. ZEMPEL KITTITAS COUNTY COURTHOUSE 205 WEST FIFTH, ROOM 213 ELLENSBURG, WA 98926-3129 Deputies: TELEPHONE (509) 962-7520 L. Candace Hooper FAX (509) 962-7022

More information

Juvenile Offenders Crime Victims Rights Law Enforcement Responsibilities

Juvenile Offenders Crime Victims Rights Law Enforcement Responsibilities Juvenile Offenders Crime Victims Rights Law Enforcement Responsibilities Crime Victims Rights when involving a Juvenile Offender are the same as if the offender were an adult in cases of -- felony grade

More information

Case 2:08-cr-00758-TC-DBP Document 1590 Filed 04/11/14 Page 1 of 6

Case 2:08-cr-00758-TC-DBP Document 1590 Filed 04/11/14 Page 1 of 6 Case 2:08-cr-00758-TC-DBP Document 1590 Filed 04/11/14 Page 1 of 6 Michael J. Langford, Utah State Bar #9682 LAW OFFICE OF MICHAEL J. LANGFORD, P.C. 43 East 400 South Salt Lake City, Utah 84111 Telephone:

More information

An Evaluation of Efforts to Implement No-Drop Policies: Two Central Values in Conflict

An Evaluation of Efforts to Implement No-Drop Policies: Two Central Values in Conflict An Evaluation of Efforts to Implement No-Drop Policies: Two Central Values in Conflict By Barbara E. Smith and Robert C. Davis 2004 NCJ 199719 Barbara E. Smith, Ph.D., is a Consultant with the American

More information

PROPOSED MINIMUM STANDARDS SET 1 FOR DISTRIBUTION June 22, 2015

PROPOSED MINIMUM STANDARDS SET 1 FOR DISTRIBUTION June 22, 2015 PROPOSED MINIMUM STANDARDS SET 1 FOR DISTRIBUTION June 22, 2015 Introduction The statute creating the Michigan Indigent Defense Commission (MIDC) provides: The MIDC shall implement minimum standards, rules,

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

David Crum, Esq. Managing Partner New Mexico Legal Group, P.C.

David Crum, Esq. Managing Partner New Mexico Legal Group, P.C. David Crum, Esq. Managing Partner New Mexico Legal Group, P.C. ABOUT THE AUTHOR David Crum, Esq. David Crum is the Managing Partner of New Mexico Legal Group, P.C., an Albuquerque-based criminal defense

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 05-cr-00545-EWN UNITED STATES OF AMERICA v. Plaintiff, JOSEPH P. NACCHIO, Defendant. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO MOTION FOR A MISTRIAL ON THE BASIS

More information

requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. LEGAL ETHICS OPINION 1814 UNDISCLOSED RECORDING OF THIRD PARTIES IN CRIMINAL MATTERS In this hypothetical, a Criminal Defense Lawyer represents A who is charged with conspiracy to distribute controlled

More information

court. However, without your testimony the defendant might go unpunished.

court. However, without your testimony the defendant might go unpunished. Office of State Attorney Michael J. Satz VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows: We realize that for

More information

STEPS IN A TRIAL. Note to Students: For a civil case, substitute the word plaintiff for the word prosecution.

STEPS IN A TRIAL. Note to Students: For a civil case, substitute the word plaintiff for the word prosecution. STEPS IN A TRIAL Note to Students: For a civil case, substitute the word plaintiff for the word prosecution. A number of events occur during a trial, and most must happen according to a particular sequence.

More information

If the people who make the decisions are the people who will also bear the consequences of those decisions, perhaps better decisions will result.

If the people who make the decisions are the people who will also bear the consequences of those decisions, perhaps better decisions will result. VICTIMS OF CRIME If the people who make the decisions are the people who will also bear the consequences of those decisions, perhaps better decisions will result. Introduction - John Abrams The Attorney

More information

THE COURT: You have been selected and sworn to determine the facts and

THE COURT: You have been selected and sworn to determine the facts and 1 THE COURT: You have been selected and sworn to determine the facts and render a verdict in the case of the Commonwealth / 1 of Pennsylvania versus Robert Greene, who is charged with one count of robbery,

More information

STATE OF MAINE RENO METZGER. District Court (Caribou, O Mara, J.) on one count of domestic violence assault

STATE OF MAINE RENO METZGER. District Court (Caribou, O Mara, J.) on one count of domestic violence assault MAINE SUPREME JUDICIAL COURT Decision: 2010 ME 67 Docket: Aro-09-305 Argued: May 19, 2010 Decided: July 20, 2010 Reporter of Decisions Panel: SAUFLEY, C.J., and LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

More information

FILED December 18, 2015 Carla Bender 4 th District Appellate Court, IL

FILED December 18, 2015 Carla Bender 4 th District Appellate Court, IL NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (4th 150340-U NO. 4-15-0340

More information

DEFENDING TRAFFIC TICKETS A Resource for Pro Se Litigants

DEFENDING TRAFFIC TICKETS A Resource for Pro Se Litigants DEFENDING TRAFFIC TICKETS A Resource for Pro Se Litigants Marcel Krzystek, Esq. 5353 W. Dartmouth Avenue, Suite 510 Denver, Colorado 80228 Telephone: (303) 988-1561 Email: m_krzystek@yahoo.com As a criminal

More information

Order. December 11, 2015

Order. December 11, 2015 Order Michigan Supreme Court Lansing, Michigan December 11, 2015 150661 PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v SC: 150661 COA: 318654 Saginaw CC: 12-037836-FH STEPHANIE WHITE, Defendant-Appellant.

More information

LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller

LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller Occasionally, a defendant, while incarcerated and apparently having nothing better to do, will file a Motion under RCr. 11.42,

More information

1. Admissible 2. Inadmissible 96% Admissible. Inadmissible

1. Admissible 2. Inadmissible 96% Admissible. Inadmissible Hypo. In an auto accident case, a passenger in the defendant s car testified for the defendant. Plaintiff calls another witness who testifies that a year earlier, he saw the defendant s passenger-witness

More information

Quick Reference Chart for Determining. Immigration Consequences of Common New York Offenses (Updated Jan. 2016) Quick Reference Chart for Determining

Quick Reference Chart for Determining. Immigration Consequences of Common New York Offenses (Updated Jan. 2016) Quick Reference Chart for Determining Quick Reference Chart for Determining A P P E N D I X Immigration Consequences of Common New York s (Updated Jan. 2016) Quick Reference Chart for Determining Immigration Consequences This chart is intended

More information

Inquiry Concerning A Florida Lawyer

Inquiry Concerning A Florida Lawyer Inquiry Concerning A Florida Lawyer This pamphlet provides general information relating to the purpose and procedures of the Florida lawyer discipline system. It should be read carefully and completely

More information

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES (a) Mission: The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce

More information

Opening Statements Handout 1

Opening Statements Handout 1 Opening Statements Handout 1 Once the jury has been chosen, the attorneys for both sides deliver an opening statement about the case to the jury. Opening statements outline the facts that the attorneys

More information

PROSECUTION DIVISION THE MISSION

PROSECUTION DIVISION THE MISSION PROSECUTION DIVISION THE MISSION Chief Prosecutor Phillip J. Tydingco The Office of the Attorney General, through its Prosecution Division, plays a vital role in Guam s criminal justice system as part

More information

CASE 0:13-cr-00203-ADM-JJG Document 40 Filed 01/08/14 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

CASE 0:13-cr-00203-ADM-JJG Document 40 Filed 01/08/14 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CASE 0:13-cr-00203-ADM-JJG Document 40 Filed 01/08/14 Page 1 of 10 United States of America, UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Plaintiff, MEMORANDUM OPINION v. AND ORDER Criminal Case

More information

PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS

PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS INTRODUCTION This booklet has been prepared to help parents gain a better understanding of what to expect in Juvenile Court CHIPS proceedings (Chapter 48

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

The Federal Criminal Process

The Federal Criminal Process Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case

More information

Minimum Standards for Indigent Criminal Appellate Defense Services Including MAACS Comments

Minimum Standards for Indigent Criminal Appellate Defense Services Including MAACS Comments Standard 1 Minimum Standards for Indigent Criminal Appellate Defense Services Including MAACS Comments Approved by the Michigan Supreme Court Effective January 1, 2005 Counsel shall promptly examine the

More information

Effective Expert Witnesses: the How to Guide for experts and their counsel

Effective Expert Witnesses: the How to Guide for experts and their counsel Effective Expert Witnesses: the How to Guide for experts and their counsel Diana Hartley Philip Brown July 2015 Role of Experts Give evidence of opinions within areas of expertise based on facts within

More information

If You Have Been Charged With a Crime that Requires the Prosecution to Prove Possession Based on a Constructive Possession Argument It Is Crucial for

If You Have Been Charged With a Crime that Requires the Prosecution to Prove Possession Based on a Constructive Possession Argument It Is Crucial for CONSTRUCTIVE POSSESSION IN TENNESSEE CRIMINAL OFFENSES If You Have Been Charged With a Crime that Requires the Prosecution to Prove Possession Based on a Constructive Possession Argument It Is Crucial

More information

ETHICAL ISSUES IN THE EMPLOYMENT CONTEXT

ETHICAL ISSUES IN THE EMPLOYMENT CONTEXT ETHICAL ISSUES IN THE EMPLOYMENT CONTEXT Mark J. Oberti Oberti Sullivan LLP 723 Main Street, Suite 340 Houston, Texas 77002 (713) 401-3556 mark@osattorneys.com Edwin Sullivan Oberti Sullivan LLP 723 Main

More information

What is DOMESTIC VIOLENCE?

What is DOMESTIC VIOLENCE? What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power

More information

Self-Defense and Predominant Aggressor Training Materials

Self-Defense and Predominant Aggressor Training Materials Self-Defense and Predominant Aggressor Training Materials Self Defense and Defense of Self; There is a Difference The following materials provide an outline of topics to cover by someone in your community

More information

VI. Preparing for Successful Prosecution

VI. Preparing for Successful Prosecution VI. Preparing for Successful Prosecution Prosecutors at all levels share law enforcement s challenges in successfully bringing often complex identity crime cases to closure. Key challenges cited by members

More information

Domestic Violence Victims in Virginia

Domestic Violence Victims in Virginia An Informational Guide for Domestic Violence Victims in Virginia Understanding The Legal Process Department of Criminal Justice Services Victims Services Section June 2004 THE AGENCY The Department of

More information

California Judges Association OPINION NO. 56. (Issued: August 29, 2006)

California Judges Association OPINION NO. 56. (Issued: August 29, 2006) California Judges Association OPINION NO. 56 (Issued: August 29, 2006) ETHICAL CONSIDERATIONS WHEN A JUDGE OR A MEMBER OF A JUDGE S FAMILY HAS BEEN ARRESTED OR IS BEING PROSECUTED FOR CRIMINAL ACTIVITY

More information

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR

More information

*Rule 1.4(a) *Rule 1.16(a) *Rule 1.16(a)(2) *Rule 1.16(b) *Rule 3.3 *DR7-102(A)(4) *DR7-102(A)(6)

*Rule 1.4(a) *Rule 1.16(a) *Rule 1.16(a)(2) *Rule 1.16(b) *Rule 3.3 *DR7-102(A)(4) *DR7-102(A)(6) NEW HAMPSHIRE BAR ASSOCIATION Ethics Committee Formal Opinion 1993-94/7 Candor to Tribunal: Use of Questionable Evidence In Criminal Defense January 27, 1994 RULE REFERENCES: *Rule 1.2 *Rule 1.2(a) *Rule

More information

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819

More information

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 IN THE COURT

More information

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S C RIMINAL LAW 1 0 1 : O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS A C RIMINAL LAW 1 0 1 Prepared

More information