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Parental Rights Terminated for Failure to File Notice of Paternity Claim with Putative Fathers Registry

Child Custody

Biological father filed paternity establishment petition in California where both parents resided. His parental rights were terminated on statutory ground he failed to file notice of claim of paternity with Arizona putative fathers registry. Mother’s fraud and adoption agency misrepresentations were punished by award of sanctions. No due process violation with service by publication because […]

Arizona DUI Law Just Got Tougher, Wrong Way DUI

DUI

Arizona’s reckless and aggressive driving law and DUI law just got tougher for anyone driving the wrong way on a controlled access highway. Governor Doug Ducey signed HB 2243 into law on March 27, 2018, making it a felony crime under certain circumstances to drive the wrong way on a freeway or controlled access highway […]

Police Must Obtain a Warrant to GPS Track a Vehicle Surreptitiously

Criminal Defense

For police to surreptitiously track a motor vehicle using GPS technology requires a warrant; and a passenger traveling with the vehicle-owner has a reasonable expectation of privacy under the Fourth Amendment to the U.S. Constitution. Arizona v. Emilio Jean The defendant, Emilio Jean, was a passenger in the tractor-trailer stopped by police. Defendant was convicted […]

Mother’s Petition for Child Custody Modification Resulted in Award of Sole Legal Decision-Making to Father

Child Custody

Mother filed her petition for modified custody in compliance with Arizona law. Father did not file a petition for modification, but motioned for temporary orders requesting he be awarded sole legal custody. The court granted father’s motion for sole legal decision-making. Affirmed on appeal, the mother’s interpretation of Arizona custody modification law and procedure was […]

Unlawfully Obtained DUI Blood Sample Admissible as Evidence When Police Acted in Good Faith

Criminal Defense, DUI

Defendant appealed her aggravated DUI convictions arguing the trial court erred in not suppressing blood-alcohol test results because police obtained the blood sample without valid consent or warrant. Affirmed. Although the blood sample was unlawfully obtained, the BAC test evidence was admissible proof of guilt under the good-faith exception to the exclusionary rule of evidence. […]

Arizona Mother Fraudulently Acknowledged Husband’s Paternity in Divorce Petition

Child Custody

Mother fraudulently acknowledged husband’s paternity in her Arizona petition for divorce. The husband was awarded joint custody, yet did not adopt the child and was not added to the birth certificate. Two years after divorcing, the former spouses were parties in Mr. Chao’ action to establish paternity. The Superior Court set aside that portion of […]

Joining Ex-Husband’s Current Wife in Divorce Property Settlement Enforcement Lawsuit

Arizona Divorce

In this lawsuit to enforce divorce property settlements, the trial court erred in denying petitioner’s third party motion to join ex-husband’s current wife; former husband’s contribution to community assets was an issue properly before the family court; findings of debtor’s contribution to community property should have been made with the current wife given opportunity to […]

Arizona Cold Expert Witness on Domestic Violence Not Impermissible Offender Profiling

Domestic Violence, Statutes

Arizona Supreme Court affirmed felony domestic violence conviction. Trial court did not abuse its discretion in allowing “cold” expert witness testimony on why domestic violence victims often stay in abusive relationships. Expert testimony was not impermissible offender profiling. Arizona v. Mark Haskie, Jr. Felony Domestic Violence in Arizona Law The defendant was convicted of felony […]

Home State Custody Jurisdiction When Child Relocated to Arizona

Child Custody

Modification of other state court’s child custody order for parenting time and legal decision-making was proper where Arizona court first asserted temporary emergency jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). After New York and Florida declined jurisdiction, Arizona asserted home state jurisdiction over a child who resided in Arizona with the father […]

Felony Fraudulent Schemes and Arson of Defendant’s Arizona Home

Criminal Defense

In Arson case, evidence of a previous fire was admitted to show a common plan or scheme in the burning of an occupied structure which was defendant’s house. Evidence from an anonymous informant was also admitted. Defendant was convicted of arson, a class 2 dangerous felony, and attempted fraudulent schemes and artifices, a class 3 […]