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Retinal Hemorrhages
by Markus W. Risinger and Ryan T. McGuire Investigators commonly point to retinal hemorrhages, or retinal bleeding, to distinguish child abuse from accidental injury or underlying medical conditions. Courts rely on expert testimony identifying retinal hemorrhages as evidence of child abuse so frequently that the diagnosis has almost become shorthand for an abuse finding. But […]
False Allegations of Child Abuse Can Happen to Anyone, Even Cardi B
Recently, someone called Child Protection Services on Cardi B in the middle of the night. The caller claimed that Cardi B was physically abusing her children. The rapper has had pranks pulled on her in the past (e.g. food deliveries she never ordered), but she draws the line at “pranks” affecting her children. In turn, […]
In Vitro Fertilization (IVF) in Arizona: Full of Financial Barriers and Frozen Futures
What is IVF? A commonly used acronym, IVF refers to “in vitro fertilization.” IVF is a process by which mature eggs are taken from a person’s ovaries and fertilized with sperm in a lab to create one or more embryos. These embryos are then frozen until the prospective carrier receives medicine designed to prepare their […]
Understanding the Adult Protective Services Registry System
In Arizona, a vulnerable adult is statutorily defined through A.R.S. § 46-451(A)(10), which states that: “…an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment” [1]. As should be evident from the legal definition, […]
Defending Child Abuse Allegations in Arizona State and Federal Court
As a former Assistant Federal Public Defender, I have experience representing clients accused of crimes ranging from gun charges and interstate drug trafficking to complex financial matters involving interstate wire transfers. I always appreciated practicing in Federal court because of the tremendous caliber of lawyers at the US Attorney’s office and the diversity of dealing […]
In the News: Lack of Discovery Revealed in Thousands of DCS Cases
On August 21, 2023, a letter from the Division Chief Counsel representing the Department of Child Safety (DCS) went out to all Presiding Judges across the state of Arizona. The letter requested that they “suspend any trials and severance proceedings” set in the next two weeks due to a review that revealed thousands of documents […]
Supreme Court to Revisit Gun Ownership and Domestic Violence Cases
Often, in the wake of gun violence, politicians and commentators say that stricter background checks should become enacted to restrict dangerous individuals from owning the weapons used to perpetrate these crimes. States across the country have enacted various laws intended on restricting firearms access. Recently, the Supreme Court accepted an appeal from the Fifth Circuit […]
Understanding Arizona’s Juvenile Emancipation Statutes
What motivates a child to become an emancipated minor? The most common example that comes to mind is probably the child actor or performer with substantial assets, hoping to break away from parental interference. However, seeking emancipation does not guarantee clear-cut results, as parents still have a right to fight against the idea that their […]
Applying Emancipation to Working Minors and “Kidfluencers”
Although the issue of emancipation versus parental involvement has evolved to include a new set of circumstances in the social media influencing space, the core issue is the same: If a minor can work in the same capacity as an adult, then how many adult freedoms are they entitled to outside of the workplace? With […]
Bypass: The Future of Abortion Access for One of the Most Vulnerable Populations
Gregg Woodnick: I was in the earlier stages of my legal career when I represented minors seeking an abortion through the judicial bypass statute. My job was to meet these young women briefly prior to their appearance before the judge in the small room at the Courthouse just outside the court room. Often, I knew […]