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Arizona Supreme Court issues two new decisions on medical marijuana

The Arizona Supreme Court issued two decisions this week providing guidance as to scope of the immunity provisions contained in the medical marijuana statute.  Both cases, State V. Hancock (Ferrell) and Reed-Kaliher v. Hoggatt (State), specifically addressed the government’s ability to prevent the use of medical marijuana (by a person who legally obtained it) while on probation.  STATE V. HANCOCK (FERRELL) Under the Arizona Medical Marijuana Act a registered qualifying patient cannot be “arrest[ed], prosecut[ed] or penal[ized] in any manner”

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Vehicle Searches Without A Warrant

Below is an article I came across on the U.S. Supreme Court’s decision in Arizona v. Gant (ruling that law enforcement can’t automatically search a car solely based upon an occupant being arrested). The article, and the previous one mentioned, are worth a read: Editor: Colin Miller, Univ. of South Carolina School of Law | Monday, October 6, 2014 Back in 2009, I published the article, Stranger Than Dictum: Why Arizona v. Gant Compels the Conclusion that Suspicionless Buie Searches

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DUI Conviction Overturned – Court Erred By Denying Continuance

Six days before his trial, Defendant moved for a continuance in order to substitute new counsel.  Defendant stated: He had concerns with “his current attorney’s defense strategies and trial presentation;” He also explained to the trial court he was uncomfortable with the firm he originally had hired after being transferred between attorneys several times; He did not have the funds to retain new counsel until recently, and he had already paid a substantial consulting fee to the new attorney. The

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How to Read An Arizona Sentencing Chart – Part 1.

The Arizona Supreme Court publishes a chart that summarizes the penalties for Arizona felony convictions.  While the chart is not all inclusive, it does show the sentencing ranges for most Arizona criminal convictions.  Below I have revised the chart and attempted to make it a little more “readable.” To determine the sentencing range for a criminal conviction you need to know the class of the felony the person has been charged with.  In the first column, on the left side

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What Remedies Are Available to Madoff's Victims?

Everyone who invested with Bernard Madoff has lost a tremendous amount of money. The victims are not just wealthy businessmen. On the contrary, many of the victims were charities. What remedies and restitution are available to them? This video addresses these issues:

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