INTRODUCTION In Arizona v. Evans,1 the United States Supreme Court held that the exclusionary rule does not apply where an unlawful search is the In his motion for new trial, defendant argued, among other things, that because Monica was a heroin addict, because she may not have been taking her methadone, and because she had been drinking *221 on the day of the crimes, her ability to perceive, remember, and relate the incident was affected. The Court seems to assume that the Fourth Amendmentand particularly the exclusionary rule, which effectuates the Amendment's commands-has the limited purpose of deterring police misconduct. Our present consideration of the issue, therefore, is also motivated by concerns for finality and efficiency. Gen. by Paul J. McMurdie, Phoenix, for State. It was positive for cocaine, metabolites of cocaine, and morphine (morphine indicates use of heroin, codeine, or morphine, but not methadone).

Art.

Ibid. The Court seeks to minimize the impact of its holding on the security of the citizen by referring to the testimony of the Chief Clerk of the East Phoenix Number One Justice Court that in her "particular court" this type of error occurred "'maybe on[c]e every three or four years.'" Id., at 203, 866 P. 2d, at 871. decision.

Leon, supra, at 920 (" 'Excluding the evidence can in no way affect [the officer's] future conduct unless it is to make him less willing to do his duty.' To ascertain legislative intent, we look first to the text and purpose of the statute. The witnesses believed Defendant performed these deeds without any expectation of collecting on them later. App. VI - Prior Debts

401 U. S., at 568-569.

§ 13-703(B). See Olmstead v. United States, 277 U. S. 438, 472-479 (1928) (Brandeis, J., dissenting). Leon stands for the dubious but limited proposition that courts should not look behind the face of a warrant on which police have relied in good faith.

On April 29, about three weeks after the assault, Rachel and Monica were at the Sagebrush Cantina, where they were regulars who visited at least once a week.

respect to other information sources police use, informants The sentencing hearing reconvened on September 22 to examine the psychologist's report. Held:

1123 (1892). In this unusual case, Defendant is charged with an offense only part of which is alleged to have taken place in Arizona: the fatal blow and the death occurred in Mexico, and only acts of preparation allegedly took place in Arizona.

Evidence of intoxication at the time of observation is admissible to attack a witness on her ability to perceive and remember.

1981).

If the conspiracy to commit murder is sufficiently supported, we need not discuss the other conspiracy allegations. Defense counsel indicated he intended to call only the psychologist as his final witness.

Trish had been stabbed, bludgeoned, and strangled, and a knife was protruding from her head.

Art. ARIZONA et al. Id., at 568-569.

Certainly the reliability of recordkeeping systems deserves no less scrutiny than that of informants. V - Mode of Amendment US Tax Court

The Court concluded that "an otherwise illegal arrest cannot be insulated from challenge by the decision of the instigating officer to rely on fellow officers to make the arrest." On appeal, Defendant does not renew his argument that the jurisdictional question was for the jury. Constitutionality of Arizona's death penalty scheme. United States538 U.S. 1036; 123 S. Ct. 2110;155 L. Ed. The court sentenced him to death for the murder conviction and to life in prison for the conspiracy offenses.

The identity of the factfinder and the standard of proof. a prior arrest or search was made upon probable cause"). Defendant called a meeting of his neighbors, at which he denied involvement in the killing and tried to dissuade them from talking to police. We disagree. [4] The legislative record for the enactment of A.R.S. But under my view, it is not the same fact finder. "A. The comment to Rule 32.1(e), Ariz.R.Crim.

While the. Prudently, then, the Court limits itself to the question whether a court employee's departure from such established procedures is the kind of error to which the exclusionary rule should apply.

In drafting the Model Penal Code (MPC), the textual basis for much of Arizona's criminal code, the American Law Institute (ALI) broadly defined jurisdiction as an element of an offense. Defense counsel requested another continuance so that he could talk with the psychologist and file an untimely motion for a new trial. A lesser standard has been allowed in cases in which the question of territorial jurisdiction is identified with the issue of venue.

Sullivan v. Patterson, 64 Ariz. 40, 47, 165 P.2d 309, 313 (1946) ("[I]t is the right of trial by an impartial jury in the county in which the offense is alleged to have been committed that is preserved rather than the absolute right to a trial in the county.") First, as we noted in Leon, the exclusionary rule was historically designed as a means of deterring police misconduct, not mistakes by court employees. Florida Pope v. Superior Court, 113 Ariz. 22, 28-29, 545 P.2d 946, 952-53 (1976) (holding that generally, evidence in a rape case is inadmissible to demonstrate the alleged victim's unchastity).

Because Defendant's right to a jury trial may have been violated, raising the possibility of fundamental error, and because our previous decisions provide no guidance, we address this issue before considering the merits of Defendant's other arguments.

It was raised and argued in the trial court. The court rejected the "distinction drawn by the court of appeals ... between clerical errors committed by law enforcement personnel and similar mistakes by court employees." Ante, at 538, 892 P.2d at 1327.

1993), criminal jurisdiction should reach the extent permitted under federal and international law.

After the killing, Defendant followed through with his plan to cover his tracks and collect the insurance money. In Illinois v. Gates, 462 U. S. 213

"The jury's estimate of the truthfulness and reliability of a given witness may well be determinative of guilt or innocence...." Napue v. Illinois, 360 U.S. 264, 269, 79 S. Ct. 1173, 1177, 3 L. Ed. Other states with similar statutes have taken the same approach.

In reviewing the evidence, this court examines the facts in the light most favorable to sustaining the verdict and resolves all reasonable inferences against the defendant. App. 1984) (judge can either require special verdict or instruct on what facts, if found, would constitute probable cause).

In your eight years as a chief clerk with the Justice of the Peace, have there been other occasions where a warrant was quashed but the police were not notified? At the October 26 hearing, defense counsel said that he was prepared only to argue the motion for a new trial.

Although other provisions of the Sixth Amendment have been incorporated into the Fourteenth Amendment as limitations on state action, see Duncan v. Louisiana, 391 U.S. 145, 148-49, 88 S. Ct. 1444, 1447, 20 L. Ed. Argued November 7, 1994-- Decided April 19, 1995 State v. Wargo, 145 Ariz. 589, 590, 703 P.2d 533, 534 (App. On remand, it may do so. He also bought her an expensive engagement ring and told others, including Jack Mielke, that he wanted to marry Ysenia. [16] Article 8 of the extradition treaty between the United States and Mexico, which was signed May 4, 1978, states: When the offense for which extradition is requested is punishable by death under the laws of the requesting Party and the laws of the requested Party do not permit such punishment for that offense, extradition may be refused unless the requesting Party furnishes such assurances as the requested Party considers sufficient that the death penalty shall not be imposed, or, if imposed, shall not be executed.

After taking Trish's rings and money and scattering the contents of Trish's purse, Ysenia fled, meeting her brother for the return trip to Arizona. Under A.R.S. The judge reminded him of the court's previous admonition that he would conclude the sentencing hearing that day, and counsel agreed that he had told the court he would be prepared to do so. 2 The Long presumption becomes operative when two conditions are met: (1) the state-court decision must "fairly appea[r] to rest primarily on federal law, or to be interwoven with the federal law"; and (2) "the adequacy and independence of any possible state law ground [must] not [be] clear from the face of the opinion." He remained in the condo for about five minutes.

There were other, unimpeached witnesses who heard Defendant plotting. ment mechanisms comes the burden of corresponding constitutional responsibilities. In the words of the trial court, the mistake in Evans' case was "perhaps the negligence of the Justice Court, or the negligence of the Sheriff's office. They may not, however, rely on it blindly.

[11] The first is that both constitutions require that a criminal defendant be tried in the district or county where the crime was committed. 2d at 1026. To the contrary, the Chief Clerk of the Justice Court testified at the suppression hearing that this type of error occurred once every three or four years. He points out that A.R.S. Application of the exclusionary rule also could not. Defendant must show that (1) the newly discovered evidence is material; (2) the evidence was discovered after trial; (3) due diligence was exercised in discovering the material facts; (4) the evidence is not merely cumulative or impeaching, unless the impeachment evidence substantially undermines testimony that was of critical significance at trial; and (5) that the new evidence, if introduced, would probably change the verdict or sentence in a new trial.

See also Massachusetts v. Sheppard, 468 U. S. 981, 990-991 (1984) ("[S]uppressing evidence because the judge failed to make all the necessary clerical corrections despite his assurances that such changes would be made will not serve the deterrent function that the exclusionary rule was designed to achieve"). Under Michigan v. Long, 463 U. S. 1032, when a state-court

Excluding the evidence can in no way affect his future conduct unless it is to make him less willing to do his duty.'" Thus, Defendant was tried in the Arizona vicinage in which his alleged criminal conduct occurred, and this is all the constitution guarantees.

Apr 25, 1994. [6]E.g., Sheeran, 526 A.2d at 890; Lane, 388 So.

police, of course, are entitled to enjoy the substantial advantages this technology confers.

Ysenia said that she then drove to the house, opened the back door left unlocked by Defendant, called to Trish, grabbed some blunt knives from the kitchen, found Trish lying unconscious on the bed, tried to stick the knives into her, took some rings and money, scattered the contents of Trish's purse, and left. SOUTER, J., filed a concurring opinion, in which BREYER, J., joined, post, p. 18.

Thus, the court did not err in denying Defendant's motion for acquittal. "[A]pplication of Long's presumption depends on a whole series of 'soft' requirements: the state decision must 'fairly appear' to rest 'primarily' on federal law or be 'interwoven' with federal law, and the independence of the state ground must be 'not clear' from the face of the state opinion. Id., at 204, 866 P. 2d, at 872.

Defendant claims that this improperly referred to bad character and violated Ariz.R.Evid.

We therefore adhere to the standard adopted in Michigan v. Long, supra. 3. She came in on April 4 and received methadone for that day and the next. Brieffor Petitioner 10. The two residents described the suspect as a "skinny" Hispanic male, about five foot five. If it were indeed a court clerk who was responsible for the erroneous entry on the police computer, application of the exclusionary rule also could not be expected to alter the behavior of the arresting officer. This Court and the Arizona Supreme Court hold diverse views on the question whether application of an exclusionary rule will reduce the incidence of erroneous computer data left without prompt correction. People v. Cavanaugh, 44 Cal.

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