21 year old Tim is a senior at a large Mid West university who is majoring in business and is in a fraternity.  One Friday night he and nine of his fraternity buddies know of a party going on that they want to attend.  One of Tim’s friends suggests that they all buy one gram of cocaine each to take during the night.  Tim knows a guy who sells cocaine but doesn’t feel comfortable being the middle man.  His friends all converse and nobody knows where to get the cocaine.  Even though he didn’t want to, Tim tells the guys that he knows somebody who deals coke.

Each of the guys gave Tim enough money for one gram of coke each.  With the money in hand Tim calls up his dealer and meets him to buy the cocaine.  The dealer gives Tim 10 individual one gram bags of coke to give to his friends.  Tim takes the cocaine and heads back to the fraternity house to give his friends their individual bags.

Tim is pulled over on the way home because he had a broken tail light.  Tim forgot that he did not cover the drugs in his backseat because he is not used to buying drugs.  The police officer sees the numerous baggies and asks Tim to step out of the car.  Tim thinks he will be fine because he knows it’s not all his but what Tim doesn’t know is that having more than 9 grams of cocaine is the legal threshold which turns his friendly pick up deed, into a possible 25 year prison sentense without parole.  Even though only one of the grams is his, he is now looking at possession of drugs for sale and/or transportation for sale.

If you need help with a situation like this or would like to read a possible defense for this scenario, visit our possession of drugs for sale and/or transportation for salepage and contact us immediately, at 602-307-0808.

The post Cocaine Possession, For Sale: The Middle Man appeared first on Arizona Criminal Law & Defense Blog.

Up until April 2013, the synthetic drug commonly known as “K2″, “Spice” or “bath salts” were legal in Arizona. While these drugs were labeled “not for human consumption”, they were marketed as a legal alternative to marijuana. An Arizona Criminal Justice Commission study found nearly 7% of 8th Graders, over 11% of 10th-graders and nearly 14% of 12th-graders had tried such synthetic drugs last year.

In April, House Bill 2327 was signed into law. This bill bans “any material, compound, mixture or preparation which contains any quantity of cannabimimetic substances and their salts, isomers… and salts of isomers”, putting “bath salts” alongside such dangerous drugs as cocaine and methamphetamines. Under the new law, persons in possession of synthetic drugs listed under the Arizona “Dangerous Drugs” statute would be treated just as if it were a marijuana possession. If the offender has not been arrested on federal drug charges prior to this charge, he or she will be eligible for probation and drug treatment.

Should the offender have had at least two prior felony drug convictions, the following applies:  

“Marijuana two (2) or more pounds, but less than four (4) pounds: class five (5) felony which carries mandatory prison from six (6) months to two and one half (2.5) years of incarceration. If the defendant has one (1) allegeable historical prior felony conviction, then a second offense felony would require prison of anywhere from one (1) year to three and three quarters (3.75) years of incarceration. If the defendant has two (2) allegeable historical prior felony convictions, then a third offense felony would require prison anywhere from three (3) years to seven and one half (7.5) years of incarceration.”

Defendants charged with selling, delivering or distributing synthetic drugs will face much harsher penalties, in line with penalties for intent to sell or distribute marijuana. Federal law already prohibits the sale of these synthetic drugs, both online and in retail stores.

Have you been charged with possession of synthetic marijuana in Arizona? Call us to schedule a free consultation for your case. Our offices can be reached 24 hours a day at (602) 307-0808 or via email.

The post Synthetic Drug Laws in Arizona appeared first on Arizona Criminal Law & Defense Blog.

The drivers arrested had an average blood alcohol content (BAC) of .153 which makes this year, the highest BAC since 2009. The legal limit in Arizona is .08 BAC. The limit for an Extreme DUI in Arizona is .15 BAC.

The Governor’s office noted that there was an increase in underage DUI arrests in the total amount of 559 people arrested for DUI.

If you have been suspected of a DUI during the Memorial Day 2013 DUI task force, please give our offices a call for a free consultation. Our offices are available 24 hours a day at (602) 307-0808 and can be reached by email as well.

h/t KTAR

The post Memorial Day Weekend DUI Task Force 2013 Results appeared first on Arizona Criminal Law & Defense Blog.

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Suppose you were stopped for suspected DUI and found to be over the limit by the police’s breath analysis or the mobile DUI processing van’s blood test, but the police officers did not cite you at the scene. Are you free and clear?

Not necessarily. In the state of Arizona, the police have up to one year from the date of the incident to charge you with misdemeanor DUI; most delayed charges are filed within four to six months. If you are suspected of felony DUI, the police have up to seven years to decide if they are going to file charges against you.

If you are allowed to leave the scene without being cited or charged, it’s important for you to hire an Arizona DUI Defense attorney as soon as possible. A defense attorney can work to prevent the charges from ever being filed against you. Once charges are filed, they will show in any criminal background check even if the charges are eventually dismissed. This can cause you difficulties in finding or keeping employment.

A DUI attorney in Arizona can help your case while it’s in the precharge stage by negotiating with the prosecutor. Even if your defense attorney is unable to convince the prosecutor to not file charges against you, he or she may be able to get the charge reduced to a lesser degree of DUI or something like reckless or aggressive driving, speeding, or other simple traffic violations.

If you are suspected of DUI but you have not yet been charged, please contact our office at (602) 307-0808 for a free initial consultation. Someone is available to help you 24 hours a day, seven days a week. You can also contact us by email via our secure form. Don’t put it off. A DUI charge is serious business. The Arizona drunk driving attorneys of the Law Offices of David Michael Cantor are experienced in the procedures of the Arizona legal system, and there is an excellent chance that we can help you before your DUI case negatively affects your life.

The post Can I be charged with DUI in Arizona even if I wasn’t cited at the scene? appeared first on Arizona Criminal Law & Defense Blog.

All states have stricter standards for commercial drivers who are arrested and convicted for driving under the influence in a commercial vehicle. The universal blood alcohol content level of .08 that all states have adopted for general impaired driving charges does not apply. The standard for commercial drivers to be legally intoxicated in Arizona is .04 BAC level. Commercial drivers that receive a conviction for driving under the influence in Arizona will receive a one year commercial license suspension period regardless of the vehicle the defendant was driving. Two convictions for driving under the influence will result in a lifetime suspension of the commercial driver’s license.

Receiving an intoxicated driving conviction does not necessarily restrict an individual from receiving a commercial driver’s license. An applicant can receive a commercial driver’s license if the previous driver’s license suspension period is completed, but the CDL holder will lose that license if convicted again. The law also makes no distinction between classes of commercial licenses. The suspensions apply to smaller class commercial vehicle operators as well as tractor-trailers.

The impact that a conviction for DUI (driving under the influence) can have on a professional transporter can be immense. Many individuals have invested significantly in their profession and could sacrifice a high income and comfortable standard of living for a simple infraction. In addition to drivers license suspensions, the convicted commercial license holder will receive a much harsher fine than a typical convicted impaired driver.

Convictions for driving under the influence can be a basis for immediate discharge from employment by any transportation company. Many trucking and transportation companies maintain a zero-tolerance policy for impaired driving among employees because of the impact on commercial driving insurance rates and contracted bonding agreements.

Commercial license holders should be aware that states share information concerning DUI convictions. Any CDL applicant should always list a previous conviction that is still effective during their drivers license record period. Any application that does not contain a pertinent conviction will be automatically rejected by the Arizona Department of Motor Vehicles.

If you have a CDL and have been arrested or are suspected of a DUI, give us a call. Our team of DUI defense lawyers will listen to the circumstances of your case and help to formulate defenses to the charge. Call us (or email us) today at (602) 307-0808 to schedule a free consultation.

The post How Does a DUI Affect Your CDL in Arizona? appeared first on Arizona Criminal Law & Defense Blog.

The last time a change to the BAC levels was made was in 1982 when the Federal Government passed legislation providing incentives for states to lower the standard from 0.10% to the current standard 0.08%. It took till 2004 until all 50 states had passed legislation updating the standard and ensuring they would not lose federal funds for highways. The concern then was that by lowering the limit police would end up catching more drivers who had simply had a drink with dinner as opposed to the highly intoxicated drivers causing accidents.

Today the concern is still similar except that at 0.05% even more dinner drinkers will be cited for DUI as it will take even less alcohol to reach the limit. Are we headed towards the eventual conclusion where any alcohol in a persons system will be grounds for a DUI?

Restaurant associations around the country are concerned that this will hurt local businesses where diners have a beer or glass of wine with dinner to enjoy their meal. For example a 175lb man will have a BAC of 0.05% after just two beers.

What do you think?

The post NTSB recommends lowering the BAC from 0.08% to 0.05% appeared first on Arizona Criminal Law & Defense Blog.

Some of the most common causes of a boating accident include the following:
• The operator of the vessel was inexperienced in handling the boat
• The person operating the boat made a mistake and hit another watercraft
• High winds or heavy rains contributed to the accident
• The boat was not properly maintained resulting in equipment failure
• Large wakes caused by another boat could result in the vehicle capsizing
• The person who was operating the vehicle was under the influence of alcohol or drugs at the time

In Arizona, an individual can be charged with operating under the influence (OUI) if they were intoxicated while operating a personal watercraft. The Arizona Revised Statutes 5-395.01 allows a person to be convicted of an OUI offense if the following applies:

• The person was under the influence of drugs or alcohol at the time they were operating a watercraft vehicle
• The individual had a blood alcohol concentration of .08 or more within two hours op operative a motorized watercraft
• Was under the influence of any drug as defined in the Arizona Revised Statute 13-3401
• The person had a blood alcohol concentration of .04 or more while operating a commercial watercraft

The State of Arizona Game and Fish, in concert with local law enforcement, have planned patrols and checkpoints on lakes between the months of March and September that yield a number of arrests every year. The lakes in the Phoenix area that have planned patrols are Lake Pleasant, Roosevelt lake, Apache Lake, Horseshoe Lake, Bartlett Lake, Saguaro Lake, and Canyon Lake. According to reports provided by the Lake Havasu Police Department, there was an increase in OUI arrests during Labor Day weekend in 2012. There were 20 OUI arrests made during this weekend, which was an increase from the 14 people who were arrested for an OUI offense during Memorial Day weekend.

The Penalties For an OUI Conviction in Arizona

The penalties for an OUI conviction in Arizona will most likely depend upon a number of factors. This includes the individual’s blood alcohol content (BAC) at the time of arrest. Age may also be a factor if the person was under 21 while consuming alcohol.

• First Offense With BAC of .08 to .15
• Up to six months in jail and/or a mandatory alcohol education class
• A fine of up to $2,100

• First Offense With BAC Over .15
• A minimum of 30 days in county jail
• A fine up to $2,500

If you have been arrested for suspicion of an OUI offense, please call our office immediately at (602) 307-0808. We offer free consultations with a DUI Defense lawyer who will review your case. If you would like to email us, please click here.

The post DUI on a Boat is an OUI in Arizona appeared first on Arizona Criminal Law & Defense Blog.

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According to the Arizona Governor’s Office of Highway Safety, 460 drivers were arrested on suspicion of being drunk during the weekend task force.

The number of Extreme DUI arrests in the State of Arizona was 148 for the weekend. An extreme DUI is one where the driver’s Blood Alcohol Content (BAC) was at .15 % of higher.

During the Cinco de Mayo task force there were also 53 arrests made for Aggravated DUI.

The Governor’s Office also noted that 50 of the people who were arrested had previous DUI arrests and 14 of the drivers were arrested for underage DUI.

If you or someone you know had too much to drink over the Cinco de Mayo holiday and was arrested in the task force, please give us a call at (602) 307-0808 to schedule a free consultation. You can also send us a secure and confidential email and we’ll give you a call to find out more about your case.

h/t to Fox Phoenix for the article.

The post Final: Cinco de Mayo DUI Task Force 2013 arrest numbers appeared first on Arizona Criminal Law & Defense Blog.

Testimony is set to wrap up on Wednesday, May 1, and then closing arguments are scheduled for Thurs. and Fri., May 2 and 3.

The long-running trial has seen Arias take the stand in her own defense, breaking down at the sight of crime-scene photos, listening to and explaining her incredibly NSFW phone sex tapes before the victim’s family, and taking questions directly from the jurors.

Even though Arias admits she shot and repeatedly stabbed Alexander, her claim is that it was done out of self-defense. She has also claimed that she cannot fully remember the crime and that the fateful day was an “anomaly.”

The post Jodi Arias Trial set to conclude in just over a week appeared first on Arizona Criminal Law & Defense Blog.

The furlough will probably occur in the initial few weeks of the case and will probably result in a delay creating more tension around the case.

The PD’s office is also requesting additional assistance with the case specifically asking for a lawyer with experience handling capital murder cases involving the death penalty. Private attorneys in Massachusets speculate that this lawyer will probably come from out of state as there have been few of these types of cases.

The post Boston Marathon Suspect’s Public Defenders Facing Furloughs appeared first on Arizona Criminal Law & Defense Blog.

The months since the deadly Connecticut school shooting have seen dozens of gun buyback events across the country, with officials getting thousands of unwanted firearms off the street and sending them off to their destruction.
In Arizona, however, the Republican-controlled Legislature is now moving to save such guns.
Prompted by a gun buyback event in January in Tucson, where a 2011 shooting rampage left six dead and wounded then-U.S. Rep. Gabrielle Giffords and 12 others, GOP lawmakers crafted a bill that would require local agencies to sell the firearms to gun dealers. The bill, which has passed both chambers of the Legislature, tightens a 2010 law that requires police to sell seized weapons.
Dozens of buybacks have been held this year in states from New Jersey to California, with the efforts kick-started by recent shootings that include the massacre of 20 students and six educators at an elementary school in Newtown, Conn.
They’re popular among some police and elected officials who either pay cash or hand out gift cards in exchange for unwanted weapons. They’re then destroyed, and officials say the guns are kept out of the hands of children or thieves.
The Tucson event was championed by City Councilman Steve Kozachik. The council there has voted to adopt ordinances that make it illegal to fire a gun while drunk, required background checks at gun shows on city property and mandated that lost or stolen guns be reported to police.

The post Arizona moves to force sale of turned-in guns appeared first on Arizona Criminal Law & Defense Blog.

In this short video David Cantor explains Unlawful Imprisonment in Arizona:

Arizona Unlawful Imprisonment Statute

The 2012 Arizona legislature revised the unlawful imprisonment statute (§ 13-1303). A person commits unlawful imprisonment by “knowingly restraining another person.” This definition does not require any intent to harm the person. You can be guilty of unlawful imprisonment even if your intentions are to restrain a person, for what you consider positive reasons. The prosecutor and the judge will discern whether the restraining falls under the statute.

Unlawful Imprisonment, as mentioned, is a serious offense. Arizona law considers the crime a class 6 felony, meaning, if convicted, the accused faces at least a year in state prison. First time offenders sentenced to incarceration usually receive a one-year sentence, actually spending six months in prison. A class 6 felony denotes a crime considered by the state serious enough to warrant prison, yet still one of the least serious offenses for which a lengthy prison sentence is a possibility. Hence, many lawyers will attempt to persuade courts to reduce charges of other “restraining” crimes, especially kidnapping, to unlawful imprisonment.

This crime is unique in that until authorities arrive, the perpetrator can still avoid a charge of felony unlawful imprisonment. If the defendant, prior to officers arriving, releases the victim in a clearly safe manner and environment, then the crime becomes a misdemeanor. A misdemeanor can eventually be expunged, or permanently purged, from your criminal record.

Defenses Against an Unlawful Imprisonment Charge

There are some affirmative defenses listed in the statute. Affirmative defenses are elements that preclude a conviction of a crime. Even if the defendant fulfills every other element of the crime, these defenses mean there can be no conviction. Police officers performing their official duties, and relatives of the victim using force to resume lawful custody, are not guilty of the charge under most circumstances.

If you’ve been suspected of Unlawful Imprisonment in Arizona then call our offices at (602) 307-0808 to schedule a free consultation with a criminal defense lawyer. If you’d like to send us an email, do it here.

The post What is Unlawful Imprisonment in Arizona? appeared first on Arizona Criminal Law & Defense Blog.

So what is a DUI with Drugs charge? Under the Arizona Revised Statutes, the law states that if an individual is driving or is in actual physical control of a vehicle “while under the influence of any drug, vapor releasing substance containing a toxic substance, and any combination of alcohol and drugs and they are impaired to the slightest degree” or “If any controlled substance is found in their body” they may be convicted with a drug DUI offense.

Some of the most common types of drugs defined that may result in a drug DUI charge are marijuana, cocaine, methamphetamines, amphetamines, nitrous oxide, psilocybin mushrooms, ecstasy, or opiates such as, hydrocodone, oxycodone, codeine, and heroin. Basically any type of intoxicating drug can result in a drug DUI charge.

When you are pulled over and a law enforcement official suspects that you may be under the influence of drugs, they will almost always conduct a field sobriety test. These tests may include the heel-to-toe test, the finger-to-nose test, a one leg stand, alphabet recitation, or an eye test called the “nystagmus” test. If they suspect you are under the influence, they may also ask for you to submit a blood chemical or urine test. There are times when it is wise to take these tests and there are times when it is best to refuse these tests. An attorney can offer legal advice for these types of scenarios.

DUI Drug offenses can be charged as a misdemeanor or a felony but first time offenders with no accident involved are typically charged with a misdemeanor. The presumptive sentence of a first time offender according to Arizona Revised Statutes section 13.707 is six months in jail and/or fines of no less than $250. There are also court fees and drug education classes that may be involved in the sentencing. People accepting plea bargains and those with lawyer representation normally get reduced sentences with some or all jail time being suspended, which it is wise to seek legal representation.

Because the mere presence of controlled substances in your system is enough to charge you for a drug DUI offense, it is usually wise to seek legal advice. Attorneys can often help get these charges dropped or sentences reduced because there are many factors that may need to be determined for a conviction.

If you live in Arizona and would like a free consultation on a DUI charge, please call our offices at (602) 307-0808 to schedule your appointment. We can also be reached via email by using our secure confidential form.

The post What is a DUI with Drugs in Arizona? appeared first on Arizona Criminal Law & Defense Blog.

Months before the slaying of two Kaufman County prosecutors, Texas authorities sent out a bulletin warning that a gang of white supremacists might seek retaliation involving “mass casualties or death,” sources said.

The December 2012 bulletin, obtained by ABC News, warned that “high ranking members of the Aryan Brotherhood of Texas are involved in issuing orders to inflict ‘mass casualties or death’ to law enforcement officials involved in the recent case.”

The bulletin said “the plan is designed to be carried out when law enforcement officers are at large gatherings.” It warned that the Aryan Brotherhood of Texas was “proactively working toward developing personal information about officers involved in the recent arrest of Aryan Brotherhood of Texas members,” and was carrying out surveillance of the officers.

The post ‘Mass Casualties or Death’: Bulletin Warned of Texas White Supremacist Gang Retaliation appeared first on Arizona Criminal Law & Defense Blog.

Impairment to the Slightest Degree

To prove that you were under the influence of marijuana at the time of your traffic stop, authorities must show what is known in Arizona law as “impairment to the slightest degree.” In other words, prosecutors must show marijuana use impaired your driving, even to the slightest extent. Any traffic citation – as evidence of a driving error – issued by the arresting office could be sufficient to overcome this burden. Officers might also ask you to perform field sobriety tests during the traffic stop as a means of determining impairment.

By law, you do not have to submit to field sobriety tests. Politely decline the request. This right doesn’t usually extend to providing breath, urine or blood samples. If you choose not to cooperate, officers may obtain a warrant for your bodily fluids, which you cannot legally refuse.

Penalties for Marijuana DUI in Arizona

First Time Marijuana DUI Offense: misdemeanor punishable by a minimum of one day to a maximum of six months in jail. Fines and associated court fees are a minimum of $1,470, but may be more depending on judicial discretion. Mandatory participation in substance abuse program and required installation of an interlock device on vehicle ignition. One-year suspension of driver’s license.

The post DUI Charge with Marijuana in Arizona appeared first on Arizona Criminal Law & Defense Blog.

What are the qualifications for an Extreme DUI?

Pursuant to §28-1382 of the Arizona Revised Statutes, an Extreme DUI charge requires a BAC of 0.15 percent or above within two hours after driving a motor vehicle. Meanwhile, a BAC of 0.20 percent or above qualifies as a Super Extreme DUI charge in Arizona. To violate the law, the blood alcohol concentration must result from alcohol that has been consumed either before or while actually driving the vehicle.

What are the penalties for a first-time Extreme DUI?

A first-time Extreme DUI violation is considered a Class 1 misdemeanor. It will result in at least 30 consecutive days in jail or a maximum of six months. All offenders are required to pay a minimum fine of $250 plus certain financial penalties. Additionally, the individual will have his or her driving license suspended for 90 days. After 30 days, an individual who meets certain eligibility requirements will be allowed to receive limited driving privileges. Then, at the end of the 90 days, the court might require that an ignition interlock device be placed on the person’s vehicle for at least one year.

What are the penalties for a second- time Extreme DUI?

The penalties for an Extreme DUI are increased for anyone who has a prior DUI conviction within the previous seven years. The minimum jail time, for example, is 120 days. Additionally, the offender is required to pay a minimum fine of $500 plus additional financial penalties. A person convicted of a second-offense Extreme DUI will have his or her driving license suspended for at least one year and will not be eligible to receive any temporary driving privileges. An ignition interlock device will be placed on the person’s vehicle at the end of the one year period.

The penalties for a Super Extreme DUI include at least 45 consecutive days in jail and a minimum fine of $500. Anyone who is convicted of either an Extreme DUI or a Super Extreme DUI might be required to undergo substance abuse counseling.

Please contact our offices if you or someone you know has an Extreme DUI charge in Arizona. To schedule a free consultation with a DUI Attorney, please call our offices 24 hours a day at (602) 307-0808. You can also email us through our secure and confidential email form.

The post In Arizona what is an Extreme DUI? appeared first on Arizona Criminal Law & Defense Blog.

Sometimes it just doesn’t pay to help out a friend! The stark reality of this ancient wisdom becomes altogether clear when someone gets caught up in the commission of a crime. Accomplice liability is complicated and sometimes difficult to sort out. If you have been charged with being an accomplice to a crime, you should retain the services of an experienced criminal law attorney as soon as possible.

What is an Accomplice?
Accomplice liability in a crime can be described in several ways. A person who knowingly participates in the commission of a crime may be referred to as an accomplice, an accessory or an aider and abettor. In any case, it means that someone knowingly helped someone commit a crime, and that’s not good. Anyone who knowingly helps someone commit a crime in any way can also be convicted of that very same crime.

Principle in the First Degree
The person who actually commits the crime is guilty of being a principle in the first degree. A familiar example would be the person who actually fires the gun that results in the death of a homicide victim. Anyone who forces an innocent party to commit a crime is also considered a principle in the first degree.

Principle in the Second Degree
Anyone who is at the crime scene and knowingly helps a principle in the first degree in the commission of a crime is classified as a principle in the second degree. Someone who stands guard outside the entrance to a store while the principle in the first degree robs a clerk would be considered a principle in the second degree.

Accessory Before the Fact
An accessory before a crime is someone who was not at the crime scene but intentionally helped the first or second principles commit the crime. A person who knowingly supplies a gun for the purpose of committing a murder or robbery would be guilty of being an accessory before the fact.

Accessory After the Fact
Unlike an accessory before the commission of a crime, an accessory after the fact is someone who purposely helps the principles avoid arrest and conviction. If someone knowingly hid a gun that was used in a murder or robbery, they would be guilty of being an accessory after the fact. The same would be true if someone intentionally provided a hiding place for the culprits.

Guilt or Innocence
A person must knowingly serve in the role of an accomplice to be guilty of accomplice liability. If a murderer spends the night with a friend after committing a homicide, the accommodating friend would only be guilty of being an accessory after the fact if they knew that the crime had been committed.

If you encouraged or helped someone commit a crime, you are in jeopardy of being charged with that crime. Even if your role was quite small, an experienced criminal law attorney will be required to protect your legal rights and minimize the charges against you. A criminal defense attorney can also be useful if you have been improperly charged with being an accomplice in the commission of a crime.
Shahin Zamir is passionate about providing the best criminal defense possible. He works closely with his clients to ensure they know exactly what is happening in the legal proceedings. Shahin will fight to obtain the best outcome for all of his clients.

The post Understanding Being an Accomplice to a Crime appeared first on Arizona Criminal Law & Defense Blog.

The 9th U.S. Circuit Court of Appeals on Thursday threw out the death sentence and murder conviction against Debra Milke, one of three women on Arizona’s Death Row.

The appeals court sent the case back to Maricopa County Superior Court for a new trial.

Milke, who turns 49 this month, was charged with first-degree murder, accused of ordering two acquaintances to kill her 4-year-old son Christopher.

According to court records and media accounts, Milke found the child to be an inconvenience in her life and asked James Styers, her roommate, to kill the boy. She dressed her son in his favorite clothes and cowboy boots and told him that he was going to Metrocenter mall to see Santa Claus. Another man, Roger Scott, drove Christopher and Styers to a pizzeria, and then to the desert near 99th Avenue and Happy Valley Road, where Styers shot the boy in the back of the head.

Milke, Styers and Scott were each sentenced to death — and all three of their cases have festered in the federal court system. Styers’ conviction and sentence are also pending before the appellate court. Scott lost his case in the 9th Circuit and is appealing to the U.S. Supreme Court.

At issue in Milke’s case is a confession supposedly obtained by now-retired Phoenix Police Detective Armando Saldate.

Milke last appeared in U.S. District Court in Phoenix in January 2010, but the judge denied her relief.

But Thursday, in an opinion written by 9th Circuit Chief Judge Alex Kozinski, the court ruled that the confession to Saldate was illegally extracted. The case was remanded to Arizona courts.

The post Convictions of woman on Arizona death row overturned appeared first on Arizona Criminal Law & Defense Blog.