State v. Cuffle, 828 P.2d 773 (Ariz. 1992). · Go Syfert
State v. Cuffle, 828 P.2d 773 (Ariz. 1992). Cases Citing This Book View Copy Cite
52 citation events (30 in the last 25 years) across 2 distinct courts.
Strongest positive: State of Az v. Christopher George Theodore Lamar (ariz, 2003-07-17)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State of Az v. Christopher George Theodore Lamar (2×) also: Cited as authority (quoted)
Ariz. · 2003 · signal: see · quote attribution · 2 verbatim quotes · confidence high
appellate review of a trial court's findings of fact is limited to a determination of whether those findings are clearly erroneous.
examined Cited as authority (verbatim quote) State v. Lámar (2×) also: Cited as authority (quoted)
Ariz. · 2003 · signal: see · quote attribution · 2 verbatim quotes · confidence high
appellate review of a trial court's findings of fact is limited to a determination of whether those findings are clearly erroneous.
discussed Cited as authority (rule) State v. Williams
Ariz. Ct. App. · 2026 · confidence medium
Pandeli, 242 Ariz. at 180 ¶ 3 (citing State v. Cuffle, 171 Ariz. 49, 51 (1992)). 6 STATE v. WILLIAMS Decision of the Court ¶27 The court reviewed the record, including Williams’s petition for post-conviction relief, the State’s response, Williams’s reply, the transcript of the superior court hearing on Williams’s petition, the exhibits, and the superior court’s order denying the petition for post-conviction relief. ¶28 Based on the court’s review, Williams has not established the superior court abused its discretion.
discussed Cited as authority (rule) State v. Palazzetti
Ariz. Ct. App. · 2019 · confidence medium
Palazzetti does not explain why his attorney’s failure to obtain interview transcripts was “unreasonable under the circumstances,” State v. Cuffle, 171 Ariz. 49, 53 (1992), or how the lack of transcripts “affected the outcome of the proceedings,” id. ¶7 The record also belies Palazzetti’s assertions that his attorney otherwise performed deficiently with respect to the plea and resulting sentence.
discussed Cited as authority (rule) State v. Jenkins
Ariz. Ct. App. · 2017 · confidence medium
If the Court had been aware of the defendant’s post-traumatic stress disorder diagnosis at the time of sentencing, it would not have affected the outcome of the defendant’s sentence in either case. ¶7 “A petition for post-conviction relief is addressed to the sound discretion of the trial court,” and this Court reviews “a trial court’s 3 STATE v. JENKINS Decision of the Court factual findings for clear error.” State v. Herrera, 183 Ariz. 642 , 647–48 (App. 1995) (citing State v. Schrock, 149 Ariz. 433, 441 (1986); State v. Cuffle, 171 Ariz. 49, 51 (1992)). ¶8 Jenkins fails to…
discussed Cited as authority (rule) State v. Wade
Ariz. Ct. App. · 2017 · confidence medium
The superior court noted its “absolute disapproval” and refused to consider the response, noting: The Court takes this opportunity to express in no uncertain terms its absolute disapproval of a prosecutor in a Rule 32 proceeding where ineffective assistance of trial counsel is being claimed to submit a substantive pleading addressing such claims which is nothing more than a responsive pleading prepared by the very attorney whose performance at trial is being questioned. 2 STATE v. WADE Decision of the Court 171 Ariz. 49, 51-52 , 828 P.2d 773, 775-776 (1992).
cited Cited as authority (rule) State of Arizona v. Darrel Peter Pandeli
Ariz. · 2017 · confidence medium
State v. Cuffle, 171 Ariz. 49, 51 , 828 P.2d 773, 775 (1992).
cited Cited as authority (rule) State v. Verdugo
Ariz. Ct. App. · 2017 · confidence medium
State v. Cuffle, 171 Ariz. 49, 51 (1992).
discussed Cited as authority (rule) State v. Santos Barajas
Ariz. Ct. App. · 2015 · confidence medium
After an evidentiary hearing, “our review of the trial court’s findings of fact is limited to a determination of whether those findings are clearly 1 This plea offer would have required Barajas to plead to the offense as charged in exchange for a stipulation to the presumptive prison term of 7.5 years. 2 STATE v. SANTOS BARAJAS Decision of the Court erroneous.” State v. Sasak, 178 Ariz. 182, 186 , 871 P.2d 729, 733 (App. 1993) (citing State v. Cuffle, 171 Ariz. 49, 51 , 828 P.2d 773, 775 (1992)).
discussed Cited as authority (rule) State of Arizona v. Jill Irene Paris-Sheldon
Ariz. Ct. App. · 2007 · confidence medium
State v. Spreitz, 202 Ariz. 1, ¶ 9 , 39 P.3d 525, 527 (2002). 8 ¶15 Paris-Sheldon next argues the trial court’s ruling was improper because it “questioned defense counsel as to the veracity of [Paris-Sheldon’s] statements, thus violating the attorney-client privilege.” We fail to see how a trial court can comply with our supreme court’s instructions in Torres, particularly where a defendant asserts his or her attorney has been dishonest, without some inquiry into confidential matters.2 Paris-Sheldon’s assertion her attorney had lied to her and failed to properly investigate her c…
discussed Cited as authority (rule) Elia v. Pifer
Ariz. Ct. App. · 1998 · confidence medium
In State v. Cuffle, 171 Ariz. 49, 52 , 828 P.2d 773, 776 (1992), where the attorney-client privilege was invoked, our supreme court again stated that a defendant would not be allowed to use privilege as a shield to block inquiry into an issue that he had raised.
cited Cited as authority (rule) State v. Herrera
Ariz. Ct. App. · 1995 · confidence medium
State v. Cuffle, 171 Ariz. 49, 51 , 828 P.2d 773, 775 (1992).
cited Cited as authority (rule) State v. Berryman
Ariz. Ct. App. · 1994 · confidence medium
State v. Cuffle, 171 Ariz. 49, 51 , 828 P.2d 773, 775 (1992).
discussed Cited as authority (rule) State v. Sasak (2×)
Ariz. Ct. App. · 1993 · confidence medium
State v. Cuffle, 171 Ariz. 49, 51 , 828 P.2d 773, 775 (1992).
discussed Cited "see" State v. Hollingsworth (2×)
Ariz. Ct. App. · 2016 · signal: see · confidence high
Id. at 781, ¶ 29, 55 P.3d at 781 . ¶19 To resolve the claim that the trial court erred by denying the double jeopardy motion to bar the retrial, “[w]e review a trial court’s decision whether to dismiss a prosecution with prejudice under [Pool] for an abuse of discretion.” State v. Korovkin, 202 Ariz. 493, 495, ¶ 5 , 47 P.3d 1131, 1133 (App. 2002) (citation omitted); see State v. Cuffle, 171 Ariz. 49, 51 , 828 P.2d 773, 775 (1992) (noting that “[a]ppellate review of a trial court’s findings of fact is limited to a determination of whether those findings are 2 Hollingsworth does not…
discussed Cited "see" State v. Paris-Sheldon (2×)
Ariz. Ct. App. · 2007 · signal: see · confidence high
See Moody, 192 Ariz. 505, ¶ 11 , 968 P.2d at 580 . ¶ 15 Paris-Sheldon next argues the trial court’s ruling was improper because it “questioned defense counsel as to the veracity of [Paris-Sheldon’s] statements, thus violating the attorney-client privilege.” We fail to see how a trial court can comply with our supreme court’s instructions in Torres , particularly where a defendant asserts his or her attorney has been dishonest, without some inquiry into confidential matters. 2 Paris-Sheldon’s assertion her attorney had lied to her and failed to properly investigate her case clearl…
examined Cited "see" State Farm Mutual Automobile Insurance v. Lee (8×)
Ariz. · 2000 · signal: see · confidence high
See State v. Cuffle, 171 Ariz. 49, 52 , 828 P.2d 773, 776 (1992).
discussed Cited "see, e.g." Israel Naranjo v. Hon. sukenic/state of Arizona
Ariz. · 2023 · signal: see also · confidence medium
When a defendant raises an ineffective assistance of counsel claim, “[i]t is not only the integrity of the attorney which is at stake but that of the entire fact-finding process,” and “the court must have before it all relevant facts relating to the claim.” State v. Moreno, 128 Ariz. 257, 260 (1981); see also State v. Cuffle, 171 Ariz. 49, 52 (1992) (holding the trial court must have all relevant facts relating to a claim questioning the competency of an attorney). ¶29 We have held “[t]he claim of ineffective assistance of counsel is a direct attack on the competence of an attorney …
discussed Cited "see, e.g." State v. Taylor
Ariz. Ct. App. · 2017 · signal: see also · confidence medium
See State v. Lamar, 205 Ariz. 431, 440, ¶ 45 (2003) (the trial court’s finding that the prosecutor did not engage in intentional misconduct was not “clearly erroneous”); see also State v. Cuffle, 171 Ariz. 49, 51 (1992) (“Appellate review of a trial court’s findings of fact is limited to a determination whether those findings are clearly erroneous.”); State v. Korovkin, 202 Ariz. 493, 495, ¶ 8 (App. 2002) (“We defer to the trial court’s finding that the prosecutor’s comment here, if improper, was not intentionally so.”). ¶13 On this record, we cannot say the trial court�…
discussed Cited "see, e.g." State Farm Mutual Automobile Insurance v. Lee (2×)
Ariz. Ct. App. · 1999 · signal: compare · confidence low
Compare Bain v. Superior Court, 148 Ariz. 331 , 714 P.2d 824 (1986) (where supreme court acknowledged Throop and reversed trial court’s finding in medical malpractice action that plaintiff had impliedly waived psychologist-patient privilege). ¶ 17 Applying the same principles of fairness, the supreme court held in State v. Cuffle, 171 Ariz. 49 , 828 P.2d 773 (1992), that the defendant in a criminal action had waived the attorney-client privilege by claiming trial counsel had been ineffective in connection with the defendant’s entry of a no contest plea.
Retrieving the full opinion text from the archive…
STATE of Arizona, Appellee,
v.
John Byron CUFFLE, Appellant
CR-91-0105-AP [3376], CR-91-0106-AP [3377].
Arizona Supreme Court.
Feb 27, 1992.
828 P.2d 773
Grant Woods, Atty. Gen., Paul J. McMurdie, Atty. Gen.’s Office, Chief Counsel, Criminal Appeals Section, Robert S. Golden, Asst. Atty. Gen., Phoenix, for appellee., Dean W. Trebesch, Maricopa County Public Defender, James H. Kemper, Deputy Maricopa County Public Defender, Phoenix, for appellant.
Gordon, Feldman, Moeller, Corcoran, Cameron.
Cited by 23 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #37,529 of 633,719
Citer courts: Arizona Supreme Court (2)

OPINION

GORDON, Chief Justice, Retired.

John Byron Cuffle (appellant) appeals to this court from the trial court’s findings that appellant’s no contest pleas to the offenses of armed kidnapping and murder were entered in full compliance with the requirements of rule 17.2, Ariz.R.Crim.P., 17 A.R.S., and that appellant fully understood the nature of each charge being made against him both before and when he entered his no contest pleas. We have jurisdiction pursuant to Ariz. Const, art. 6, § 5(3), and A.R.S. §§ 12-102 and 13-4033.

FACTUAL AND PROCEDURAL HISTORY

This case arises out of an unusual set of facts and covers a period of more than seventeen years. A brief summary of the facts is in order to fully understand the procedural posture of this case.

In 1975, appellant was charged with armed kidnapping in one case and first degree murder in a second case. Pursuant to a plea agreement that stipulated that the sentence on the murder charge would be life imprisonment, he entered no contest pleas to both charges. The trial court sentenced appellant to consecutive terms of 75 to 100 years in prison on the armed kidnapping charge and life with eligibility for parole in 25 years on the murder charge. Appellant’s appointed counsel on appeal filed an Anders brief in both cases. Counsel stated that he studied the record on appeal in an attempt to discover some error that would support an appellate presentation and found no appealable issue.

This court, in a memorandum decision, remanded the case “to determine if, at the time of the pleas of no contest, the defendant knew, or was advised by counsel before the pleas, of the nature of the offenses to which he was pleading no contest.” State v. Cuffle, Cr. 3376 and 3377, slip op. at 3 (Ariz., July 21, 1976). This court went on to state that

[i]f the superior court finds that the defendant knew or was adequately informed of the nature of the offenses, that court will make appropriate findings and advise this Court of such findings. If the superior court finds that the defendant was not aware or was not advised by his counsel of the nature of the charges, that court will set aside the pleas of no contest and proceed to try the matters.

Id.

The trial court set the hearing for September 30,1976, but on the day the hearing[*51] was to be held, appellant advised the court that he wished to dismiss his appointed appellate counsel and withdraw his appeal. The court allowed appellant to reconsider this decision. The following day appellant reaffirmed his decision and the court permitted him to discharge his attorney and withdraw his appeal. This court, once advised of this occurrence, issued an order dismissing the appeal and affirming the conviction and original sentences. (October 16, 1976)

Appellant reopened his case in collateral proceedings in federal court, resulting in Cuffle v. Goldsmith, 906 F.2d 385 (9th Cir.1990). That court returned the case to the Arizona trial court for reinstatement of the proceedings directed by this court’s 1976 remand order. This action placed the case in the posture it had held at the point when appellant dismissed his counsel and required the trial court to hold the hearing.

Prior to the trial court’s hearing, however, the State filed a pleading entitled “Motion to Find Waiver of Attorney/Client Privilege” in which it indicated that it intended to call Doug McVay, the attorney who represented appellant at the time of his pleas, as a witness. The trial court granted the motion over appellant’s objection and ruled that the privilege had been waived.

The trial court then held, in two sessions, the required hearing to determine whether, at the time of the no contest pleas, appellant knew or had been advised by counsel of the nature of the offenses to which he was pleading no contest. At one session of the hearing the State called Mr. McVay as a witness and the court ordered him to testify over the continuing objection of appellant on the grounds of attorney-client privilege. After the hearings, the trial court filed a minute entry outlining its findings and conclusions. It stated that

at the time of his no contest pleas, the [appellant] knew or had been advised by counsel of the precise nature of the offenses to which he was pleading no contest. These pleas were knowingly, voluntarily and intelligently entered by the [appellant] and accepted by the trial court in full compliance with the applicable provisions of Rule 17, Rules of Criminal Procedure.

M.E. February 21, 1991.

Appellant then filed this appeal, arguing that: 1) the trial court erroneously ruled that appellant waived his attorney-client privilege; 2) the trial court erred in admitting exhibit 14 (appellant’s Ninth Circuit brief) during the hearing; 3) the trial court deprived appellant of effective assistance of counsel in ordering Mr. McVay to testify, violating the sixth and fourteenth amendments of the United States Constitution; and 4) the record does not affirmatively show that appellant understood the nature of the charges against him when he entered his no contest pleas.

DISCUSSION

Appellate review of a trial court’s findings of fact is limited to a determination of whether those findings are clearly erroneous. State v. Burr, 126 Ariz. 338, 339, 615 P.2d 635, 636 (1980). From our review of the record in this case, we do not find that the trial court’s findings of fact are clearly erroneous.

1. Waiver of Attorney-Client Privilege

Appellant’s first argument is that the trial court erred when it found that he waived the attorney-client privilege and ordered his attorney at the time of his no contest pleas to testify. We disagree. In general, the attorney-client privilege is not absolute. Because this privilege is personal to the client, he may elect to waive the protection of the privilege. Such a waiver is a consent to disclosure of the communications that occurred between the client and the attorney. A.R.S. § 13-4062(2); State v. Griswold, 105 Ariz. 1, 5, 457 P.2d 331, 335 (1969); Mountain States Telephone and Telegraph Co. v. DiFede, — Colo. -, -, 780 P.2d 533, 542 (1989).

Usually such a waiver is explicit. That is, the client expressly gives his consent for the attorney to testify about their communications. A client also waives the attorney-client privilege, however, if he[*52] claims that the attorney has rendered ineffective assistance. Such a claim “is a direct attack on the competence of an attorney and constitutes a waiver of the attorney-client privilege.” State v. Moreno, 128 Ariz. 257, 260, 625 P.2d 320, 323 (1981); Griswold, 105 Ariz. at 5, 457 P.2d at 335. Under a direct ineffective assistance of counsel claim, an attorney should be allowed to defend himself, at least with regard to the particular contentions asserted, by revealing “at least that much of what was previously privileged as is necessary____” Moreno, 128 Ariz. at 260, 625 P.2d at 323; State v. Zuck, 134 Ariz. 509, 515, 658 P.2d 162, 168 (1982).

In this case, appellant argues that he has not made an ineffective assistance of counsel claim and, therefore, he has not waived the attorney-client privilege as to his attorney, Mr. McVay. Because there was and is no ineffective assistance claim, he argues, the trial court erred when it ordered Mr. McVay to testify during the hearing. Appellant states that the plain language of A.R.S. § 13-4062(2) prohibits such testimony. Section 13-4062(2) states: “A person shall not be examined as a witness in the following case[ ]: ... 2. An attorney, without consent of his client, as to any communication made by the client to him, or his advice given thereon in the course of professional employment.”

We agree that the statute’s plain language prohibits an attorney from testifying unless a client gives express consent to such testimony or explicitly or implicitly makes an ineffective assistance of counsel claim. Our 1976 remand order stated that the trial court was to hold a hearing to determine whether appellant “knew, or was advised by counsel before the pleas, of the nature of the offenses____” (Emphasis added.) Appellant now claims that he did not understand the nature of the offenses before pleading no contest, but he states that by making such a claim he is not arguing that his trial counsel at the time, Mr. McVay, was ineffective. Appellant can not have it both ways.

When appellant argues that he was unaware of the nature of the charges at the time he entered his no contest pleas, he is implicitly, if not explicitly, questioning the competency and reputation of the . attorney who represented him at that point. Appellant is arguing that his attorney did not give him the information needed at that time to make a knowing or informed decision about his pleas and that his attorney allowed him to enter pleas to charges he did not comprehend. Because appellant is making this claim, we see no error in the trial court’s order regarding Mr. McVay. As we stated in Moreno, “[t]he claim of ineffective assistance of counsel is a direct attack on the competence of an attorney and constitutes a waiver of the attorney-client privilege.” 128 Ariz. at 260, 625 P.2d at 323.

A defendant will not be allowed to use the attorney-client privilege as a shield to block inquiry into an issue that he has raised. See Bishop v. Superior Court, 150 Ariz. 404, 411 n. 4, 724 P.2d 23, 30 n. 4 (1986). Although the appellant in Moreno made an explicit claim of ineffective assistance, and therefore Moreno may be distinguished factually from this case, we do not find the distinction significant enough to avoid applying Moreno’s reasoning in this case. Appellant’s claim attacks the integrity not only of the attorney, but also of the entire fact-finding process. Id. In order to make an appropriate finding, the trial court needs to have all relevant facts relating to the claim before it. Id. We do not believe the trial court erred in this hearing when it allowed appellant’s trial attorney to testify regarding the specific issue of whether or not appellant entered into informed no contest pleas.

It is also clear from the testimony at the hearing that Mr. McVay did not reveal any confidences beyond the boundaries of the specific inquiry. Although Mr. McVay did not have independent recollections of his conversations with appellant, he did testify as to his usual procedures and stated “I have no trouble telling [the court] that I can conclude and assume that I discussed the facts of this case, the nature of the charges, et cetera, with Mr. Cuffle in serious and substantial detail.” R.T. at 65,[*53] February 1, 1991. In at least two other statements, Mr. McVay testified that he was satisfied that appellant knew what the nature of the charges were when he entered his no contest pleas. R.T. at 70, February 1, 1991. Furthermore, Mr. McVay testified that it was his practice not to allow such proceedings to transpire unless the defendant understood the facts and the nature of the charges. R.T. at 71, February 1, 1991.

We hold that the trial court did not err when it found that appellant had waived the attorney-client privilege and ordered Mr. McVay to testify.

2. Error in Admitting Exhibit 14

Appellant argues that the trial court erred in admitting exhibit 14 during the hearing. The trial court accepted exhibit 14 as a true and accurate copy of appellant’s opening brief to the Ninth Circuit in Cuffle v. Goldsmith, 906 F.2d 385 (9th Cir.1990). It relied on counsel’s avowal and on the document itself for foundation to admit the document. Appellant argues that the trial court erred in two respects. First, the document was not relevant to this hearing because it showed, if anything, a past ineffectiveness claim that had been resolved by the Ninth Circuit. Second, the evidence should not have been admitted because it lacked foundation because the papers were not authenticated or exemplified.

We find no error in admitting exhibit 14. The State introduced the exhibit to show specifically that appellant waived his attorney-client privilege by arguing ineffective assistance of counsel in federal court. Because we find that appellant waived his attorney-client privilege by claiming that he did not understand the nature of the charges against him when he made his no contest pleas, such a document is superfluous. Moreover, even if the trial court erred in admitting the exhibit without foundation, the error was harmless because the trial court specifically stated that it was not relying on any federal claims in finding waiver. R.T. at 45, February 1, 1991.

3. Appellant’s Ineffective Assistance of Counsel Claim

Appellant argues that when the trial court ordered Mr. McVay to testify during the hearing, it effectively deprived appellant of his right to counsel in violation of the sixth and fourteenth amendments to the United States Constitution by rendering Mr. McVay ineffective. We find no merit to this argument.

As stated above, the court ordered Mr. McVay to testify solely about the specific charge raised by appellant that he did not know, or was not advised by counsel before the pleas, of the nature of the offenses to which he pled no contest. Ordering such limited testimony allows the court to consider all relevant facts to reach an informed decision and allows the attorney to defend himself against an implied claim of ineffective assistance.

In order to prove ineffective assistance, appellant must show that 1) counsel’s performance was unreasonable under the circumstances of the case and 2) a reasonable probability exists that but for counsel’s unprofessional errors, the result of the proceedings would have been different. Strickland v. Washington, 466 U.S. 668, 693, 104 S.Ct. 2052, 2068, 80 L.Ed.2d 674, 698 (1984); State v. Rockwell, 161 Ariz. 5, 12, 775 P.2d 1069, 1076 (1989). Both prongs of this test must be proven or the claim is insufficient. Id.; State v. Salazar, 146 Ariz. 540, 541, 707 P.2d 944, 945 (1985).

Appellant has proven neither of the prongs of the test for ineffective assistance. We are not prepared to say that counsel’s properly compelled testimony was an unprofessional error that affected the outcome of the proceedings. Nor can we say that it was unreasonable for Mr. McVay to testify when under a court order to do so.

We also note that the court indicated it relied on testimony other than Mr. McVay’s in reaching its finding that appellant fully understood the nature of each charge being made against him both before and at the time he entered his no contest pleas. This testimony included the psychiatrists who[*54] examined appellant prior to his pleas, the adult probation officer who interviewed appellant after his pleas, and the detective who investigated the case and attended the plea proceedings. M.E., February 21,1991. We do not believe that Mr. McVay’s proper testimony rendered him ineffective, thereby depriving appellant of his right to counsel.

4. Affirmative Showing in Record of Appellant’s Understanding of Pleas

Appellant argues that neither the original record nor the current findings of fact affirmatively shows that appellant understood, or was informed by counsel before the pleas, the nature of the charges to which he pled. We disagree and find that the entire record makes an affirmative showing of understanding.

First, the record shows that appellant was present at the original plea hearing. The trial court read the charging documents to appellant, addressed appellant in open court and questioned him on the record with respect to his plea. Appellant was represented by counsel throughout the plea hearing and his sentencing.

Second, the findings of fact and conclusions of law from the trial court affirmatively show that, based on his customary practices, Mr. McVay was certain that he informed appellant about the nature of the charges to which he was pleading. Because of the number of years that had passed since the entry of the no contest pleas, Mr. McVay relied on his customary practice rather than a specific or independent recollection of his discussion with appellant about the charges.

The original record, along with the trial court’s findings and conclusions incorporating the testimony of Mr. McVay, the psychiatrists who examined appellant to determine whether he was competent to stand trial, the probation officer and the investigating officer, are sufficient to make an affirmative showing that appellant knew or was adequately informed of the nature of the offenses at the time he entered his pleas.

DISPOSITION

We find that the trial court made the appropriate findings that appellant fully understood the nature of each charge being made against him both before and when he entered his no contest pleas. The pleas of no contest are affirmed, as well as the original sentences imposed by the trial court.

FELDMAN, C.J., MOELLER, V.C.J., CORCORAN, J., and CAMERON, J. (retired), concur.