e-legal

Volume 12, No. 24 | November 26, 2013

eye on ethics

Q: During the prosecution of one of my criminal cases, I have discovered evidence that indicates a defendant in another jurisdiction may have been wrongfully convicted. Who do I give this evidence to?

A: As a prosecutor, if you come to know of "new, credible, and material evidence" that reasonably indicates a person may have been wrongfully convicted in another jurisdiction, you must disclose that evidence to the court where the conviction occurred, the prosecutor's office for that jurisdiction, and either the person's lawyer or the person and "the indigent defense appointing authority in the jurisdiction." Rule 3.8(g)(1)

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member news

Benevilla of Sun City Names Attorney as 2013 Legacy Award Recipient: Benevilla, a not-for-profit in Sun City that helps senior citizens live independently, has named Sun City and Scottsdale attorney W. John Lischer as the recipient of the sixth annual Benevilla Legacy Champion Award. The award recognizes professionals who support Benevilla by providing services to the community, volunteering in the community, and giving back to those they serve professionally. more�

In the news

Supreme Court Agrees to Review Presidential Protest Case: The U.S. Supreme Court on Tuesday agreed to decide whether two U.S. Secret Service agents can be sued for allegedly treating protesters gathered in support of former President George W. Bush more favorably than protesters critical of him. more�

U.S. Supreme Court Agrees to Hear Obamacare Contraception Cases: The U.S. Supreme Court agreed on Tuesday to consider religious objections made by corporations to a provision of the 2010 federal healthcare law requiring employers to provide health insurance that covers birth control. more�

Law Should Get Tough with Bullies, Dead Florida Girl's Mom says: The mother of a 12-year-old Florida girl tormented by schoolmates until she killed herself in September said on Monday she would file a civil lawsuit and launch a national crusade to rein in bullies. "I'm going to make sure that other children are not tormented like my daughter was. My goal is to use this personal tragedy to make society a safer place to live. I know it is what Rebecca would want," said Tricia Norman, mother of Rebecca Sedwick. more�

from the bar

State Bar Offices Closed for Thanksgiving: In observance of the Thanksgiving holiday, the State Bar of Arizona will be closed on November 28 and 29. Regular business hours will resume at 8:30 a.m. on Monday, December 2.

File Your State Bar Annual Statement and Dues Online: Your 2014 statement is available now for you to complete, review and submit online at www.azbar.org/fees. A paper statement will not be mailed to you. Payment can be made by credit card or E-check through the Bar's secure website. When you submit your statement and submit dues online, your receipt will include a temporary Bar card for use until the permanent one is mailed to you. To avoid delinquency fees, your statement and fees must be postmarked or received in the State Bar office by 5 p.m. MST on February 3, 2014. Online submissions will be accepted until 11:59 p.m. MST on February 3, 2014. more�

Be a Part of Arizona's Merit Selection Process: Apply to serve on the Commission on Appellate Court Appointments or the Maricopa County or Pima County Commission on Trial Court Appointments. Deadline is January 31, 2014. more�

A Glimpse Into the SBA's Board of Governors' October Meeting: Interested in learning what the State Bar of Arizona's Board of Governors are up to? Click here to read meeting highlights from their October 2013 meeting.

Attorney Douglas E. Thomas of Phoenix Disbarred for Unprofessional Conduct: The Presiding Disciplinary Judge of the Arizona Supreme Court issued an order disbarring attorney Douglas E. Thomas of Phoenix. The three-member hearing panel led by the Presiding Disciplinary Judge (PDJ) of the Arizona Supreme Court ordered that Douglas E. Thomas be disbarred from the practice of law, effective November 13, 2013. more�

Attorney Percival R. Bradley of Phoenix Suspended for Negligent Representation and Failing to Appear in Court: The Presiding Disciplinary Judge of the Arizona Supreme Court ordered that attorney Percival R. Bradley of Phoenix be suspended from the practice of law for sixty days. more�

Mesa Attorney Rodney M. Matheson Disbarred for Misappropriating Client Funds: The Presiding Disciplinary Judge of the Arizona Supreme Court issued an order disbarring Rodney M. Matheson of Mesa on September 10, 2013. Matheson was disbarred after signing a consent agreement with the State Bar of Arizona, which stemmed from the allegation that he misappropriated client funds. more�

State Bar of Arizona Expands Mobile CLE Offering: Balancing your practice and personal life is a daunting task all on its own. Finding time to focus on advancing your career by taking valuable CLE adds just a little more pressure. If you find yourself in this predicament, the State Bar of Arizona has a solution for you. Now, you can take an expanded number of AZCLE programs anywhere you go on your iOS or Android mobile device. Click here for more information!

How Do Your Fees Compare to the Competition? Find out in the latest edition of the Economics of Law Practice in Arizona report. For the most current, updated numbers about legal salaries and billing practices in Arizona, order your copy online today!

Don't Wait. Take Credit Card Payments Today! For a limited time, State Bar of Arizona members can open a LawPay Account at NO COST and begin accepting credit card payments today. The month-to-month contract and all standard fees associated with opening a merchant account are being waived through December 20, 2013. Don't miss this year-end incentive! Call 866-376-0950 or visit www.lawpay.com/azbar to take advantage of this offer.

We Want to Help You Retire: Did you know that the ABA Retirement Funds Program offers special programs for State Bar members for 401(k) plans? Call them at 866.812.3580 or click here for more information.

State Bar Member Discounts: For a listing of all State Bar member discounts, click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

November 12, 2013 - 1 CA-CR 13-0654 - State of Arizona v. Leroy Montgomery
Whether the time for filing the notice of appeal in a criminal case begins to run from the date of sentencing, or from the date of filing the minute entry containing the judgment and sentence. Read Opinion.

October 16, 2013 - 2 CA-CR 2012-0156 - State of Arizona v. George B. Larin
Whether the trial court erred by: (1) denying the defendant�s requested jury instructions for lesser-included offenses and denying his motion for a new trial on the same ground; (2) denying the defendant's motion for a mistrial when the state sought to elicit an inadmissible, in-court identification; and (3) denying the state's request that the jury consider the dangerous-nature allegations during the aggravation phase of trial. Read Opinion.

 

9th Circuit Court of Appeals

November 22, 2013 - 11-56678 - Hana Financial, Inc. v. Hana Bank
Judgment for defendant in a trademark dispute is affirmed, where: 1) the properly-instructed jury was entitled to make the fact finding that the doctrine of tacking applied to establish defendant's priority as the first to use a trademark in the sale of goods or services; 2) plaintiff did not make the required showing, as the losing party in a jury trial, that its interpretation of the evidence was the only reasonable one; 3) the jury could have reasonably concluded that the ordinary purchasers of the financial services at issue likely had a consistent, continuous commercial impression of the services the defendant offered and their origin; and 4) defendant did not abandon the mark. Read Opinion.

November 20, 2013 - 10-56118 - Daniel Larson v. John Soto
The district court properly denied the warden's motion to dismiss a facially untimely habeas corpus petition where petitioner satisfied the demanding standard of producing proof of innocence sufficient to undermine a court's confidence in his conviction. Read Amended Opinion.

 

 

 

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