Thomas A. Zlaket

Michael Gene Blakley was convicted of first-degree murder and two counts of sexual assault of a sixteen-month-old child and sentenced to death on the murder count plus consecutive life terms on the assaults. The Arizona Supreme Court reversed the murder conviction and remanded for further proceedings but affirmed the sexual assault convictions and sentences. The court found reversible error in the trial proceedings related to pretrial publicity and venue determinations, while concluding that the assault convictions were properly supported and that certain evidentiary rulings, including exclusion of third-party culpability evidence under Rules 401-403, were not an abuse of discretion.

criminal lawprocedure

The case involved Danny Montano's appeal from convictions for first degree murder and conspiracy to commit first degree murder in the 1995 stabbing death of inmate Raymond Jackson inside an Arizona prison cell. The Arizona Supreme Court reviewed claims including pre-indictment delay, the admission of videotaped preliminary hearing testimony from two witnesses later deemed unavailable, and various evidentiary rulings such as the use of graphic photographs and references to gang affiliation. The court held that the nearly two-year delay did not violate due process absent demonstrable prejudice or improper state motive, that the witnesses were properly unavailable due to their relocation to Mexico, and that no fundamental error occurred in the trial proceedings, thereby affirming the convictions and sentences.

criminal lawprocedure

The case involved Wayne Prince, who was convicted of first-degree murder of his 13-year-old stepdaughter and attempted first-degree murder of his wife after a domestic dispute in which he shot both following prior abuse. On appeal, the Arizona Supreme Court addressed claims regarding the admission of prior bad acts evidence (limited by the trial court to the attempted murder count), the adequacy of limiting jury instructions, joinder of offenses, and other trial and evidentiary issues. The court affirmed the convictions and the 21-year prison sentence for attempted murder, concluding that the instructions were sufficient, objections were waived where not raised, and prior rulings on similar issues controlled, while deferring review of the death sentence to a supplemental opinion.

criminal lawprocedure

In this consolidated case, Samuel Viramontes and Jason Beck were each convicted of first-degree murder in Arizona superior court; the state did not seek the death penalty, and each received a natural life sentence after the trial courts considered aggravating factors drawn from A.R.S. § 13-702. The Arizona Supreme Court held that, under A.R.S. § 13-1105(C) and § 13-703, the only aggravating factors permitted in a non-capital first-degree murder sentencing are those listed in § 13-703 itself. The court reasoned that the statutory text expressly channels first-degree murder sentencing procedures to § 13-703 and contains no indication that the legislature intended the general felony aggravators in § 13-702 to apply. Because the trial courts had relied on improper factors, the sentences were vacated and the cases remanded for resentencing under the correct statutory scheme.

criminal lawprocedure

The case involved a negligence lawsuit by Kiera Lane against the City of Tempe and its former employee Daniel Serrano arising from a car accident, where the only theory against the City was respondeat superior. After mandatory arbitration under Arizona rules, where Serrano did not appear in person but his counsel participated and other evidence was presented, the arbitrator awarded damages to Lane. Lane moved to strike the defendants' appeal for a trial de novo, arguing waiver due to Serrano's absence. The Arizona Supreme Court held that Serrano had adequately participated through counsel and discovery responses, and since neither party subpoenaed him, his non-appearance did not waive the right to appeal, vacating the court of appeals decision and remanding for trial de novo.

proceduretorts & liability

This case involved the appeal of Scott Alan Lehr's convictions and sentences for numerous crimes, including three first-degree murders, multiple sexual assaults, kidnappings, and aggravated assaults committed against ten women over the course of a year. The Arizona Supreme Court affirmed most of the convictions and sentences from both the capital and non-capital trials, including the death penalty for the murder of B.C., based on sufficient evidence such as DNA matches, victim identifications, and license plate details, as well as the presence of aggravating factors that outweighed weak mitigating circumstances like the defendant's family role and lack of prior record. However, the court reversed convictions and sentences on seven specific counts due to identified errors and remanded those for further proceedings. The decision rested on review of the trial record, statutory aggravating factors under Arizona law, and the determination that the death penalty was appropriate absent sufficient mitigation.

criminal lawprocedure