The 37th Annual Criminal Year Seminar | Presented by APAAC and CLE West | Original Program - May 3, 2019 | Chandler, AZ

Our elite faculty will be covering 50 of the most critical cases of 2018 and 2019 from the U.S. Supreme Court, Arizona Supreme Court and Arizona Court of Appeals. These cases will be analyzed for both prosecutors and defense counsel by our judges and other faculty members.And will cover criminal procedure, evidence, criminal substantive law, and constitutional issues.
This seminar provides a truly balanced presentation of the most important cases and issues of 2018 and 2019.  Your success at trial is directly related to your comprehension of the latest developments in criminal law.

DEFENSE ATTORNEY ROBERT McWHIRTER AND PROSECUTING ATTORNEY JONATHAN MOSHER WILL EXPLORE CRITICAL ISSUES IN THE FOLLOWING

CASES:

• Malone, 425 P.3d 592: To what extent may a defendant introduce evidence of impulsivity to rebut premeditation?
• Hulsey, 408 P.3d 408: To what extent is a defendant’s use of methamphetamine admissible under Rule 404(b)?
• Escalante, 425 P.3d 1078: To what extent is the state precluded from using drug courier profile evidence against a defendant?
• Richter, 424 P.3d 402: To what extent may a defendant introduce evidence of a spouse’s ongoing abusive behavior to claim duress?
• Pina-Barajas, 418 P.3d 473; Medina, 418 P.3d 1134: To what extent may a defendant who is a prohibited possessor claim that duress justifies the possession of a weapon?
• Dominguez, 413 P.3d 1249: What is the extent of the prosecutor’s duty to instruct the grand jurors on the definition of “premeditation” for purposes of first-degree murder?
• Todd, 418 P.3d 1147: Is the defendant entitled to a Willits instruction when the state fails to develop DNA evidence, and to what extent may a defendant impeach a state’s witness with evidence of pending criminal charges?
• Acuna Valenzuela, 426 P.3d 1176: To what extent does a prospective juror’s friendship with a prosecutor in County Attorney’s Office preclude that person from serving as a juror, and after the jurors’ verdict, to what extent may the trial court inquire into a juror’s reaction to defendant’s attorney’s questioning her during voir dire, her positive opinion of the prosecutor, and her dissatisfaction with prosecution and defense?

AREAS COVERED WILL INCLUDE

Constitutional Law

• What steps must a defense attorney take to seek to suppress a defendant’s confession? Bush, 423 P.3d 370; Snee, 417 P.3d 802.
• When officers are pursuing a person and the person enters private property, has the person invited the officers onto the property? Hernandez, 417 P.3d 207.
• What must a property owner do to inform officers and the public they are not welcome on the property? Lohse, 431 P.3d 606.
• If the victim is dead or incapacitated, is the trial court limited to appointing only one person as the victim’s representative, or may the trial court appoint more than one person? Conlee, 429 P.3d 564.
• Must the trial court use the term “victim” or may the trial court use the term “alleged victim”? Z.W. v. Foster, 422 P.3d 582.
• What must the state show for the trial court to deny bail to a defendant? Wein (Goodman), 417 P.3d 787; Morreno, 416 P.3d 807.
• For what misdemeanor offenses is a defendant entitled to a jury trial under the Arizona Constitution? Kakauki, 414 P.3d 690; Spence, 413 P.3d 1254.

DUI and Traffic

• What must an officer advise a suspect for the suspect’s consent to a blood test be considered voluntary under the Fourth Amendment? De Anda, 434 P.3d 1183.
• Does a suspect’s agreement to take a BAC test have to be voluntary under the Arizona Statute? Diaz v. Bernini, 435 P.3d 457.
• Does the exclusionary rule apply to violations of the Arizona implied consent statute? Soza, 430 P.3d 1265.
• Have the Arizona Supreme Court’s interpretation of Arizona’s medical-draw exception rendered the statute “toothless”? Diaz v. Van Wie, 426 P.3d 1214.

Criminal Substantive Law

• What are the double jeopardy elements for lesser-included offenses? Matthews, 428 P.3d 198; Carter, 429 P.3d 1176.
• Does issue preclusion apply in a criminal proceeding when an issue of fact was previously adjudicated in a dependency proceeding? Crosby-Garbotz, 434 P.3d 143.
• May the state ask for a lesser-included offense instruction when the defendant claims entrapment? Trammell, 433 P.3d 11.
• May a defendant assert both a mistaken identity defense and a justification defense, even though these defenses are inconsistent? Carson, 410 P.3d 1230.
• When does the DCAC designation apply if the victim is a fictitious child (adult)? Lantz, 430 P.3d 1262.

Criminal Procedural Law

• When must a defendant make a request for self-representation for it to be considered timely? Weaver, 418 P.3d 468.
• When a party files a notice of change of judge, does the other party have the right to a hearing to determine the reasons for the notice? Beatty, 424 P.3d 416.
• Under what circumstances may the state amend the charging document? Montes Flores, 428 P.3d 502.
• When are items under the state’s control for discovery purposes? Kellywood, 433 P.3d 1205.

Evidence

• When a person commits two offenses arising from the same unitary event and the spouse is the victim of one but not the other, does the crime exception to the anti-marital fact privilege allow the witness-spouse to testify about only the charge where the spouse is the victim, or about both charges? Lowery, 430 P.3d 884.
• When is impeachment allowed or not allowed in the following:
  • Witness’s violation of rules of organization where defendant worked. Trujillo, 430 P.3d 379.
  • Witness is facing pending and potential charges. Todd, 418 P.3d 1147.
  • In civil case, grand jury testimony from related criminal case. Spooner, 435 P.3d 462.
  • Prior conviction for offense involving dishonest act or false statement. Winegardner, 413 P.3d 683.
  • 13-year-old felony conviction. Duarte, 2018wl6241483.
  • 15-year-old felony conviction. Todd, 418 P.3d 1147.
• When may an expert witness rely on facts not admitted in evidence, and when may that expert give an opinion involving an ultimate issue? Meeds, 421 P.3d 653.
• When is hearsay admissible as a present sense impression. Malone, 425 P.3d 592.