Due process, evidence, attorney practices, search.

Edward Palenkas appeals a lower court's decision convicting him of reckless manslaughter and leaving the scene of an accident. Authorities arrested Palenkas for leaving the scene of a fatal accident, and Palenkas later refused to permit a search of his vehicle until he spoke with his attorney.

A jury trial found Palenkas guilty of reckless manslaughter and leaving the scene of a fatal accident. Prosecutors used Palenkas' refusal to permit the search of his vehicle as evidence of guilt. Palenkas now appeals.

Palenkas wins. The Arizona Court of Appeals, Division One, Department D, reversed the lower court's ruling. The court ruled the prosecution used evidence that denied Palenkas his due process rights to a fair trial. The appeals court remanded the case for a new trial.