Milke Case: Is Double Jeopardy a Factor?

Milke Case: Is Double Jeopardy a Factor?

The defense attorney of Debra Milke, a woman who has served 23 years in prison for the death of her son and was released from death row last year, claims that retrying Milke in court because of the prosecution’s withholding of evidence in the initial trial would violate her Fifth Amendment rights. The 9th U.S. Circuit Court of Appeals overturned Milke’s case when it was found that the state did not turn over evidence of misconduct by their key witness, Armando Saldate Jr., in the emotionally-charged 1990 trial. The evidence would have allowed the defense to question the witness’s credibility. […]

Man Held Since ’04 for the Death of His Son Freed Because of Prosecutor Misconduct

Jeffrey Martinson, who spent nine years in custody for the death of his son in 2004, was released in November after a judge ruled that misconduct by the prosecutor in the case was too much to overcome. The decision has far-reaching implications: Because Martinson’s verdict was overturned with prejudice, he cannot be retried for murder without invoking double jeopardy. And despite an Arizona Court of Appeals ruling in 2012 that the prosecution could re-indict Martinson on different charges, the trial judge found that prosecutorial misconduct precluded filing new charges. Martinson was charged with first-degree felony murder in 2011 for killing […]

2014 Waste Management Phoenix Open Creates Excitement on the Golf Course, DUIs on Arizona’s Roads

The Waste Management Phoenix Open golf tournament is approaching and with it, all of the festivities that the tournament brings, including DUIs. The Scottsdale, Arizona stop of the PGA Tour will include four days of golf, large crowds and lots of alcohol. Among the list of major featured sponsors includes Alliance Beverage Distributing Company of Arizona, the largest alcoholic beverage distributor in the state. While the golfers are on the green, police will be on the prowl looking for potential traffic violations and DUI tickets as spectators exit the TPC course. “You’re being watched by law enforcement before you even […]

New Arizona Supreme Court Rule Change Holds Prosecutors to Higher Standard

According to an Arizona Supreme Court enactment updating Ethical Rule 3.8, prosecutors are required to turn over to defense attorneys any evidence showing the possible innocence of a convicted person, and prosecutors must take it upon themselves to get the conviction reversed if they find “clear and convincing evidence” proving the defendant’s innocence, the Arizona Republic reports. The role of the prosecutor is to represent all citizens, “and therefore they, like judges, are held to higher standard and should help remedy any errors that result from our sometimes imperfect system of justice,” Supreme Court and Chief Rebecca White Berch wrote […]