Notable Cases

Over the past decade, Michael has handled numerous matters that have received national or focused local media attention.

As a result, Michael is well-versed in handling matters that receive intense public scrutiny. If you have a matter receiving or likely to receive negative media attention, Michael believes it is important to act now to navigate the treacherous waters  of  media attention given to pending federal or local criminal matters and investigations. Michael invites you to call for a confidential consultation, (520) 624-3500.

Notable 9th Circuit Reported Cases

Kelava v. Gonzales 410 F.3d 625 (9th Cir 2006) (in immigration matter holding no impermissible retroactive effect in BIA application of IIRIRA in  finding respondent ineligible for discretionary waiver of inadmissibility); see also  “A Federal Court Rules Croatians Can be Tried on Reduced Charge,” New York Times, December 12, 1979

Kelava v. Gonzales 434 F.3d 1120 (9th Cir (2006) (amended decision) (no retractive effect in applying IIRIRA elimination of §212(c) relief to respondent for terrorist activity  prior to IIRIRA’s enactment)

Hurles v. Ryan 650 F.3d 1301 (9th Cir. 2011) (holding trial judge unconstitutionally biased and granting habeas petition in capital matter)

Hurles v. Ryan 706 F.3d 1021 (9th Cir.2013) (amended decision) (reversible error for district court to deny judicial bias claim without evidentiary hearing

 Hurles v. Ryan  752 F.3d 768 (9th Cir. 2014) (amended decision) (district court abused discretion in denying judicial bias claim without evidentiary hearing) See also The Much-discussed Ryan v. Hurles Returns Expanded,  by Lyle Denniston  SCOTUSblog, August 20, 2014

In 2012, Michael defended an NCAA athlete against accusations involving  a serious assault; the athlete is now  pursuing a professional career.  See articles below.

Associated Press & ABC News: Plea Agreement for Former Arizona Wildcats Basketball Forward Jess Perry
Fox News: Plea Agreement for Former Wildcats Basketball Star  
Huffington Post: Jesse Perry Arrested: Arizona Basketball Player Faces Felony Domestic Violence Charge
USA Today: Arizona Basketball’s Jesse Perry Arrested in Assault Case
ESPN: Arizona’s Jesse Perry Arrested  
Orlando Sentinal: NBA Draft: Arizona Wildcats Look Elsewhere
The Sporting News: Arizona Forward Jesse Perry Arrested in Domestic Dispute
The Arizona Republic: Former Arizona Wildcats Basketball Player Jesse Perry Wants to ‘Defend Good Name’
The Arizona Daily Star: Arizona Baskeball: Plea Deal Lets ‘Thankful’ Perry Seek Pro Career, and Attorney: Perry Wants to ‘Defend Good Name’

In 2011, Michael was part of a federal team  that overturned the death penalty in a matter Michael had worked on as capital habeas co-counsel for almost ten years.  See articles below.

Associated Press & Arizona Republic: Appeals Panel Tosses Arizona Man’s Death Sentence
Cronkite News Service: Appeals Court Overturns Death Sentence for Man Convicted in 1992 Buckeye Murder  

In 2005 he provided representation in a matter concerning two doctors accused of marketing imitation Botox. The case received local and national attention. See below articles.

Tucson Citizen: 2 Accused of Selling Fake Botox Arrested
Los Angeles Times: Doctors Arrested Over Botox That Paralyzed 4

In 2005 he also represented an anti-communist dissident in a federal matter involving accusations of terrorism. See below articles.

Croation National Press: SAD protjeruje Hrvata zbog otmice iz 1978);
ArizonaDailyStar: INS Seeks to Deport émigré as ‘Terrorist’

In 2004, Michael defended a high profile Phoenix political activist, the partner of a City of Phoenix Assistant Chief of Police accused of federal alien smuggling.

See Arizona Republic: Brothers Deported After Phoenix Bust and Activist Accused of Smuggling 2 Into U.S.

In 2002, Michael successfully defended a Pima County Deputy Sheriff indicted for homicide in the alleged beating death of a jail inmate. The felony homicide charges were dismissed.

Tucson Citizen: Charges vs. Guard in Death of Inmate Dropped, and State: Drop Charges in Jail Death

In 2002, he represented the owner of a Nogales, Arizona Produce Company accused of illegally importing thousands of pounds of tainted cantaloupes associated with a fatal outbreak of salmonella in 14 States.  See articles below

Associated Press: Company Settles Lawsuits Over Salmonella-Tainted Cantaloupe
The New York Times: Government Warns Consumers to Avoid a Cantaloupe Brand
The Packer: Importer Faces Charges in Tainted Melon Case
Nogales International: Shipley, Son Get Probation

In 1999, Michael defended the owner and manager of the Douglas, Arizona bus station accused in a federal alien smuggling conspiracy.

Tucson Citizen: Bus Workers Smuggle Illegals, Cops Say