Wilenchik & Bartness PC

Phoenix Legal News

Senators Flake and Feinstein Introduce Bill to Protect Child Witnesses

United States Senators Jeffry Flake (R-Arizona) and Dianne Feinstein (D-California) have introduced legislation to prevent self-represented defendants in sexual assault cases from personally cross-examining their own child victims. Jack Wilenchik, an attorney at Wilenchik & Bartness, P.C. drafted the initial legislation based on a UNESCO model law [...]

Over a Dozen National and State Child Victim's Rights Groups File in Support of Petition for Certiorari

Over a dozen national and state victim's rights groups and children's rights groups have filed in support of the Petition for Certiorari in the  U.S. Supreme Court case of M.A. v. Padilla, No. 15-1049. Jack Wilenchik of Wilenchik & Bartness, P.C. filed the Petition on behalf of a child victim whose accused molester announced that he wants to personally cross-examine her and other child victims in court. Prof. Marci Hamilton filed an amicus brief on behalf of multiple victim's and child's rights organizations, which can be accessed here. The groups filing in support of the Petition include:

Dennis Wilenchik Comments on Ruling in Horne v. Polk

Dennis Wilenchik represents former Attorney General Tom Horne in the case. Mr. Wilenchik made the following statement with respect to the Court of Appeals's recent decision:"Our intention is to petition for review to the Arizona Supreme Court and/or to bring the matter to the attention of the federal courts on the basis of fundamental due process violations."
http://www.azcentral.com/story/news/arizona/politics/2016/02/23/appeals-court-affirms-case-against-former-attorney-general-tom-horne/80806524/

Firm Files Petition to United States Supreme Court

The mother of a victim of accused child molester Christopher Simcox today filed a Petition for the United States Supreme Court to intervene and prevent Simcox, who is acting as his own lawyer, from personally questioning the child victims in court, which includes her daughter. (A copy of the Petition for Writ of Certiorari can be accessed here.) The State and victims' representatives have asked the Court to order that a lawyer for Simcox be allowed to read the questions to the children, or that the Judge be allowed to do so. The victims are presently between the ages of 8 and 9 years old. Jack Wilenchik, Esq. of the law firm of Wilenchik & Bartness, P.C. has been handling this matter on behalf of the mother and her child pro bono, in the interests of justice.

Dennis Wilenchik Moderates Construction Defect Seminar on the Amended Purchaser Dwelling Act

Dennis Wilenchik moderated the discussion of AZ House Bill 2578 (Right to Repair) at the MC Consultants 2nd Annual Construction Defect Seminar, held by MC Consultants, Inc. at the Embassy Suites in Biltmore on April 23, 2015.  All sectors of the construction industry were in attendance, including builders, insurance professionals, testifying experts, and attorneys. The seminar addressed hot issues facing the industry right now, such as the amended Purchaser Dwelling Act. Mr. Wilenchik moderated a panel discussing changes and effects of the new law.

4-9-15 Arizona Supreme Court Grants Victim's Emergency Request to Put Christopher Simcox Trial On Hold

PHOENIX, Ariz. (April 9, 2015) - The Arizona Supreme Court today granted a petition for stay filed on behalf of one of the child victims in the trial of Christopher Simcox, who is accused of molesting several minor victims between the ages of 7 and 9 years old. Mr. Simcox recently decided to represent himself in the case, raising the problem that he may be allowed to personally cross-examine his own sexual abuse victims. Jack Wilenchik of the law firm of Wilenchik & Bartness, P.C. filed the emergency motion on behalf of the child victim with the Arizona Supreme Court last night. Prosecutors had previously filed a Motion with the trial Judge to have a lawyer appointed to ask the victim questions instead of Mr. Simcox, which the Judge had denied. The Court of Appeals is reviewing that decision, but in the meantime it decided not to put the trial on hold, allowing the victim to actually be cross-examined by Mr. Simcox in the meantime. The victim was expected to be called as a witness as early as today, so Mr. Wilenchik filed the emergency Petition last night asking the Arizona Supreme Court to stay the case. Justice Pelander, on behalf of the Arizona Supreme Court, heard and granted the Petition. Mr. Wilenchik and his firm are handling the matter pro bono, in the interests of justice. http://www.azfamily.com/story/28767919/chris-simcox-child-molestation-trial-delayed?autostart=true View Order Here View Petition Here

Wilenchik & Bartness Obtains Dismissal of Quiet Title Action

Dennis Wilenchik and Brian Hembd obtained dismissal of a quiet title action in which the plaintiffs sought title to a property valued at over $3,000,000. The firm succeeded in getting the complaint dismissed on the grounds that plaintiffs never had any actual interest in title to the property, and were merely investors who loaned money to another lender, who actually held an interest in title.On April 9, 2015, the Arizona Court of Appeals affirmed the Superior Court’s ruling in the matter, holding that “[a]lthough the beneficiary under a deed of trust, like a mortgagee, may have an interest in the property itself, the fact remains he has no interest in the title.” Thus, plaintiffs had no standing to bring a claim for quiet title.

Dennis Wilenchik to Moderate Discussion about Right to Repair Statute and HB2255

Dennis Wilenchik will be moderating an in-depth discussion about proposed changes to House Bill #2255, the Arizona Right to Repair Statute, at the Embassy Suites Biltmore on April 23, 2015 3:30 - 7:00 p.m. See here for more information, or to sign up.

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