Attorney David Roscoe's Legal Cases

Appeals

State v. L.B.

N/A

OUTCOME: Full dismissal.

My client was arrested for DUI and taken to the police station by the arresting officer. While walking into the station, my client made a verbal request to call a lawyer. The arresting officer respon ... ded, "hang tight." My client was never given an opportunity to call a lawyer. At the trial court level, we argued that the arresting officer had violated my client's constitutional right to call an attorney prior to the blood draw. However, the Phoenix Municipal Court ruled that the arresting officer's error had been inadvertent and that my client's rights had not been violated. We appealed the case to the Maricopa County Superior Court. The Superior Court upheld the conviction. After consultation with my client, we appealed the case again to the Arizona Court of Appeals. The Court of Appeals agreed with our position and ruled that the arresting officer had violated my client's constitutional rights. The Court of Appeals reversed the conviction and the case was subsequently dismissed in full.

Appeals

State v. M.H.

N/A

OUTCOME: Conviction reversed.

The defendant was convicted at trial of one count of prostitution and hired our firm to handle her appeal. The transcript of the trial revealed that the trial judge read the defendant her appellate ri ... ghts prior to the trial, rather than after conviction as the rules require. On appeal I argued that the judge's act of reading my client her appellate rights prior to the trial created the appearance that a conviction was a foregone conclusion. As such, I argued that the trial judge had violated my client's constitutional right to due process of law. The Maricopa County Superior Court agreed and reversed the conviction. My client was acquitted at the new trial.

Criminal defense

State v. R.M.

N/A

OUTCOME: Full dismissal.

Our client was charged with a number of very serious sex crimes. He maintained his innocence and entered pleas of not guilty. Over the course of six years, we successfully litigated the case in the t ... rial court until the State finally agreed that that it could not prove its case. The State dismissed all charges in the interest of justice prior to trial.

Criminal defense

State v. T.W.

N/A

OUTCOME: Lesser included offense.

Our client was charged with a very serious child abuse allegation. The State maintained that our client had acted intentionally, whereas our client maintained the injury was the result of an accident. ... The State refused to offer a plea deal and our client faced 10-24 years in prison if convicted of intentional child abuse at trial. The case proceeded to trial. After hearing all of the evidence, the jury agreed with our client's version of the events. The jury convicted our client to the much lesser charge of reckless child abuse. Our client was sentenced to 3 years in prison, rather than the mandatory 10-24 year sentence he faced under the State's theory of the case.

David Roscoe's Legal Cases (4)

State v. L.B.

State v. M.H.

State v. R.M.

State v. T.W.