Appeal/Post Conviction Relief Victories 7

VEHICULAR AGGRAVATED ASSAULT CONVICTION REVERSED – State v. Mr. N. (DMC No. 504) (Maricopa County Superior Court No. 9408459): Mr. N. was involved in a DUI accident in which the victim suffered several broken bones. On the day of trial with Court-appointed counsel, he was talked into taking a plea agreement to 5 years in prison. After his conviction, his wife hired us to look into the evidence. We discovered there was a very strong Motion to Suppress his blood alcohol concentration, which was not argued by trial counsel. After we filed our Post-Conviction Relief Petition, a hearing was held in which his court-appointed counsel admitted he did not understand the law. The conviction was reversed and the State then extended an offer to a plea with time served. Mr. N. did not have to return to prison, and wound up serving only a little over 1 year in custody.

ARMED ROBBERY CONVICTION REVERSED – State v. Mr. S. (DMC No. 1157) (Pima County Superior Court No. CR0143582): Mr. S. has been involved in drugs and various other unhealthy activities which led him and his girlfriend to be arrested and convicted for robbing a convenience store. Because of Mr. S.’s prior criminal convictions, he was sentenced to 35 years to life in prison. Although he had already spent 17 years in prison when we received the case, we were able to show that his trial counsel had a conflict of interest when representing both Mr. Smith and his girlfriend. The Court agreed, and his conviction was reversed. The State chose not to re-try Mr. S., and he did not return to prison (saving him from another 18 years to life in prison).

SEXUAL MISCONDUCTED WITH A MINOR CONVICTION REVERSED – State v. Mr. C. (DMC No. 9441) (Pima County Superior Court No. CR2007-2716): Mr. C. had been accused of molesting his step-granddaughter (who was adopted). He used a Court-appointed attorney and was convicted and sentenced to 13 years in prison. We were able to show that the prosecutor had improperly struck jurors who were similar to Mr. C. (i.e., older white males), in violation of Batson v. Kentucky, and the Court of Appeals reversed his conviction. When the case came back, we were able to point the multitude of flaws in the State’s evidence, and the prosecution decided not to re-try Mr. C. Although he had spent 20 months in jail, this was far short of the 13 year conviction he had previously received.

(DMC No. 9275) (Maricopa County Superior Court No. CR2006-04688): Ms. G. had previously been convicted of Second Degree Murder after she shot her nephew twice in the head. At the time of the incident she was almost 60 years old and her nephew was in his early 20’s. He was very abusive to her, and was attacking her when she utilized her gun for self-defense. Unfortunately, Ms. G. used a Court-appointed attorney and was convicted and sentenced to 12 years in prison. Through searching the trial record we were able to show that her attorney was ineffective and did not present the proper jury instructions. After we filed our Post-Conviction Relief Petition, the judge agreed and reversed her conviction.

AGGRAVATED ASSAULT CONVICTION EXPUNGED – State v. Mr. H. (Maricopa County Superior Court No. 2001-090140): Approximately six years earlier, Mr. H. was suffering from a bi-polar disorder. Police were called to a disturbance, in which he engaged in a physical altercation and was convicted of Aggravated Assault on a Minor. Mr. H. had now moved out of state and was under treatment and currently seeking employment. This conviction would have cost him any job opportunities. We were able to convince the Court to grant the motion to set aside his judgment of guilt, restore his right to posses firearms, and his right to vote.

DUI CONVICTION EXPUNGED – State v. Mr. T. (Mesa Municipal Court No. 2004059564): Mr. T. had been convicted of a DUI approximately two years earlier. Mr. T. was now a Senior Graphic Designer at his business, and he needed the conviction to be expunged in order to continue being promoted at work. We were able to show the judge that he had turned his life around and had gone through counseling. The judge then set aside Mr. T.’s judgment of guilt for DUI.

ESCAPE CONVICTION EXPUNGED – State v. Ms. M. (McDowell Mountain Justice Court No. CR0102060): Ms. M. had been convicted five years earlier for a misdemeanor escape charge. We were able to demonstrate that this happened when she was very young and at a stage in her life when she was immature. She now worked as an account executive in a bank, and needed this judgment of guilt to be set aside so she could proceed with her life. The judge agreed, and set aside her conviction.