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On Demand

31st Annual Criminal Year Seminar - led by Maricopa County Superior Court judges Crane McClennen, Michael R. McVey and Michael D. Jones; plus prosecutors and defense attorneys


Total Credits: 6 including 5 Criminal Law, 1 Ethics

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Categories:
Criminal |  Ethics
Faculty:
Crane McClennen, (retired) |  The Honorable Michael R. McVey |  James P. Cleary |  The Honorable Michael D. Jones
License:
Access for 90 day(s) after purchase.


Description

30 of the most important 2012 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.

The seminar will include insights from Jim Cleary, Deputy Public Defender, Office of the Legal Defender, Maricopa County, with regard to the most influential "defense" cases including several U.S. Supreme Court decisions including Missouri v. Frye U.S.  132 S.Ct 1399 (2012) which discussed plea bargain offers, and prosecutorial discretion to make plea bargain offers, as well as Laffler v. Cooper U.S.  132 S.Ct. 1376 (2012) which discussed assistance of counsel at plea negotiations.  Further, do the court's holdings in Perry v. New Hampshire U.S.  132 S.Ct. 716 (2012) signal the demise of Arizona "mistaken identification" pre-trial hearings and jury instructions mandated by State v. Dessureault 104 Ariz. 380, 453 P.2d 951 (1969)?

 

Cases covered include:
Highlighted cases receive special attention.

Constitutional Law
 
GPS tracking device on a car-when is that a search?
Estrella, 286 P.3d 150 (Ct. App. 2012).

 

When does an investigative detention turn into an arrest?

Boteo Flores, 280 P.3d 1239 (2012).


May the state comment on a suspect's invocation of the Fourth Amendment?

Stevens, 267 P.3d 1203 (Ct. App. 2012).

 

 

May the state comment on a suspect's pre- or post-arrest, pre-Miranda statement?

 

VanWinkle, 273 P.3d 1148 (2012).
Lopez, 279 P.3d 640(Ct. App. 2012).

 

What must a trial court do if it wants to close the trial to the public?

 

Tucker, 290 P.3d 1248 (Ct. App. 2012).

 

What is the current status of Dessureault?

 

Nottingham, 289 P.3d 949 (Ct. App. 2012).

 


Criminal Substantive Law


Two offenses joined for trial, are they both priors?

Loney, 287 P.3d 836 (Ct. App. 2012).


Is attempting to obtain a narcotic drug by fraud a Prop. 200 offense.

Montgomery v. Woodburn (Schmeissing), 292 P.3d 201(Ct. App. 2012).


What must the state do for an emergency wiretap?

Hausner, 280 P.3d 604 (2012).

 

 

DUI-is Guthrie v. Jones a dead issue?

 

Cooperman, 282 P.3d 446 (Ct. App. 2012).

 

 

Criminal Rules of Procedure

 

 

 

DUI-What must the police do for a defendant to consult with an attorney?

 

Penny, 270 P.3d 859 (Ct. App. 2012).

 

When must the trial court hold a hearing for change of counsel?

 

Gomez, (Ariz. Dec. 7, 2012).

 

What does the attorney have to allege to get a continuance?

 

VanWinkle,
285 P.3d 308 (2012).


How is a common scheme or plan construed?

Hausner, 280 P.3d 604 (2012).

 

 

What is the effect of rolling eyes and smirking during the other attorney's questions?

 

Patterson, 283 P.3d 1(2012).
Martinez, 282 P.3d 409 (2012).

 

 

Arizona Rules of Evidence

 

 

 

Just how extensive is the change in the test for intrinsic evidence?

 

Ferrero, 274 P.3d 509 (2012).


How far may the medical examiner go in an opinion about method of causing of death?

Sosnowicz, 270 P.3d 917 (Ct. App. 2012).


To what extent may the medical examiner disclose facts from an autopsy report by someone else?

Joseph, 283 P.3d 27 (2012).


Does the Confrontation Clause apply to statements made by co-conspirators?
Tucker, 290 P.3d 1248 (Ct. App. 2012).

 

 


DUI UPDATE: 

Breath Tests and Partition Ratios, Breathing Patterns, and Body Temperature: To what extent may the defense now introduce this type of evidence and what are the benefits and dangers of doing so? What is the extent of the Cooperman impact? What is left of Guthrie?

 

Handouts

Faculty

Crane McClennen, (retired)'s Profile

Crane McClennen, (retired) Related Seminars and Products

The Honorable

Maricopa County Superior Court


Judge Crane McClennen was born Phoenix, Arizona. He attended Arizona State University, graduating with a Bachelor degree in 1968 and a Juris Doctor cum laude in 1972, and was managing editor of the Arizona State Law Journal. He was appointed Judge of the Maricopa County Superior Court in January 1997 and retired July 2016, having served on the Criminal, Civil, Family Court, Juvenile, and Administrative Appeals and Lower Court Appeals Divisions. Prior to his appointment as judge, he worked at the Office of the Arizona Attorney General in the Criminal Appeals Section.

       Crane McClennen is the author of the Arizona Courtroom Evidence Manual and Arizona Legal Forms, Criminal Procedure, and has authored numerous articles in the Arizona Attorney. He is a present or past member of numerous Court and State Bar Committees, including the Arizona Supreme Court Appellate Case Processing Implementation Task Force, the Judicial College of Arizona Publication Committee, the Board of Editors of Arizona Attorney, the Appellate Handbook Committee, the Criminal Rules Committee, the Criminal Jury Instruction Committee, the Peer Review Committee, and the Alternative Dispute Resolution Committee. He is the past Chair of the Criminal Justice Section, the Board of Legal Specialization, and the Continuing Legal Education Committee.

       In 2016, Crane McClennen received the State Bar of Arizona Michael D. Ryan award for Judicial Excellence, and in 1995, received the State Bar of Arizona award for Outstanding Member. In 1986 and 1989, he received the State Bar of Arizona award for Outstanding Contribution to Continuing Legal Education, and in 1991, received the State Bar of Arizona award as Outstanding Public Lawyer. He is a Founding Fellow of the Arizona Bar Foundation.

May 17, 2017




The Honorable Michael D. Jones Related Seminars and Products

The Honorable

Maricopa County Superior Court