State v. Mr. C (DMC No. 17087) – Felony First Degree Murder (with Knife) and Felony Aggravated Kidnapping – Life Sentence Reduced to Release in 18 Years (with Charges Reduced to Second Degree Murder and Attempted Kidnapping) After Post-Conviction Relief Petition Filed – Navajo County Superior Court (Case Nos. CR2008-0136 and CR2008-0193):

Mr. C and his Ex-wife had been working through a reconciliation, and they began having a romantic and sexual relationship, with Mr. C spending most nights at his ex-wife’s house. After a particularly romantic date, Mr. C was surprised two nights later when he saw his ex-wife at a local bar seemingly on a date with another man. When Mr. C went to his ex-wife’s apartment to speak to her through a window, he heard threatening comments from a male coming from inside the apartment. When Mr. C asked the male to leave, the male allegedly lunged at Mr. C with a knife, stabbing him twice in the hands. Mr. C took the knife away and ended up killing the other man.
Mr. C retained a different law firm to represent him at Jury Trial, and he was ultimately convicted and Sentenced to Life in Prison. His family then hired DM Cantor in order to file a Post Conviction Relief Petition (PCR) regarding Ineffective Assistance of Counsel. After all Pleadings had been filed, and prior to the Hearing, the Navajo County Attorney’s Office agreed to offer a new Plea Agreement which would undo the conviction for First Degree Murder, and have Mr. C plead to Second Degree Murder and Attempted Aggravating Kidnapping. The Agreement included releasing Mr. C 18 years from the Plea date (when he is age 64). Because of our efforts, Mr. C can potentially have decades of freedom once he has served his Sentence.

CONVICTION REVERSED PCR (Rule 32) (7 YEAR PRISON SENTENCE) and NEW PLEA OFFER GIVEN with LESS PRISON TIME/ FELONY MANSLAUGHTER (with GUN) and (3 COUNTS) FELONY ENDANGERMENT (DANGEROUS) – State v. Mr. M (DMC No. 11460) (Yuma County Superior Court No. S1400CR2009-00194): Mr. M had been reckless with a firearm while in the presence of a woman and her three children. The gun discharged and killed the woman. Mr. M was subsequently charged with Manslaughter (Dangerous) and 3 Counts of Endangerment (Dangerous). His first Attorney had the case for 2 years and conducted no interviews. In addition, that Attorney advised Mr. M not to take an offer to Negligent Homicide with a range or 4-8 years in prison. Mr. M subsequently terminated that Attorney and hired another Attorney. That Attorney had the case for 7 months and conducted no interviews. An offer was secured by that Attorney to probation with 1 year in jail, or prison with 5-12.5 years of incarceration. That Attorney told Mr. M that he could most likely get the probationary term with only a year in jail. He was ultimately sentenced to 7 years in prison.

We were hired by Mr. M’s family to file a Post Conviction Relief Petition pursuant to Rule 32 of the Arizona Rules of Criminal Procedure. We had evidence in our Petition that both previous Attorney’s were “ineffective” because they had not interviewed any witnesses. In addition, when Mr. M was sentenced, 8 other mitigating factors were not presented to the Judge. Just prior to an Evidentiary Hearing in front of the sentencing Judge, the Prosecutor offered a new plea agreement which allowed Mr. M to be sentenced to 5.5 years in prison, with credit for the time he had already served. Our involvement in the case saved him 1 and a half years of prison time.