Arizona Court of Appeals Tosses Voter Fraud Conviction
In a notable unanimous opinion Arizona Court of Appeals vacated a voter fraud conviction. State v Hannah 1CA-CR14-0424 (July 28, 2015).
There, a Mohave County Arizona Grand Jury indicted Hannah for one count of illegal voting in violation of A.R.S. § 16-1061V(2) alleging that she “voted in the November 2, 2010 general election in both Mohave County Arizona and Adams County Colorado” Id.¶ 2. At trial, the state presented evidence that on October 18 Hannah sent in a mail in Ballot to Adams, Colorado County Clerk. She then also cast a ballot in person at the polling place in Mohave County Arizona, however, no single candidate or issue appeared on both the Colorado and Arizona Ballots. Id.
The Mohave County jury convicted Hannah of the voter fraud and she appealed. In reversing, the Court of Appeals held that although “the elections held in Arizona and Colorado November 2, 2010, although occurring on the same day, were separate and discrete elections, held in two different states.” Id. ¶8. As such, Hannah’s conviction was not supported by evidence and vacated.
In this blog series we will talk about some of the obstacles, and hidden traps, for those facing domestic violence charges, together with some solutions.
I want to show you one way in Arizona you can go after a state or local criminal record of arrest when there is a dismissal.
It is truly, at least in my rudimentary thinking, a remarkable, especially given our state’s political history, and monumental step forward.
So, we all know at this point that if you have a conviction for simple or felony marijuana simple possession in Arizona, you can now do something about it.
For those of us who live near or spend our some of our vacation time in these Western States, dominated by beautiful federally-controlled lands
About Michael Harwin
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