For purposes of the standards of certification in criminal law, the term "serious felony offense" means a single offense which, upon conviction, carries a maximum sentence of five (5) years or more in prison.
The attorney must show that he or she has been principal counsel of record in ten (10) criminal felony jury trials (in at least five (5) of which a serious felony offense was tried); and fifteen (15) evidentiary or other hearings which involved substantially contested issues of law or fact.
The list of offenses that can qualify for the hearing requirement can include the following types of hearings (if substantially contested):
- Motion to Suppress;
- Motion in Limine;
- Federal Sentencing involving difficult Guideline Sentencing issues;
- State Sentencing (non—routine);
- Admissibility of scientific evidence under Frye/Daubert;
- Admissibility of eyewitness identification under Dessureault;
- Admissibility of “prior bad acts” evidence under Rule 404(b) of Criminal Procedure (federal or state).
The attorney must also show completion of a combination of at least five (5) of the following:
- filing a petition or answer filed in special action proceedings in the Arizona Court of Appeals or the Arizona Supreme Court;
- filing an appeal in the following courts in which briefs were filed by appellants and respondents: United States Supreme Court, United States Court of Appeals, Arizona Supreme Court or Arizona Court of Appeals;
- filing a petition for post-conviction relief; and
- filing a petition for habeas corpus relief under Section 2254 of Title 28, United States Code; and
- and
- filing a motion to vacate or set aside sentence under Section 2255 of Title 28, United States Code.
