Sixth Amendment violation (Arizona) · Go Syfert
← Arizona issues

Sixth Amendment violation in Arizona

99 Arizona opinions name it 2 courts 1971–2026 9 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (48)

CaseFollowedCited
State v. Ringgreen
ariz · 2003 · cited in 19 Arizona opinions naming this issue, 2003–2005
2 sentences

2005Nonetheless, we conclude the trial court's consideration of the other aggravating factors either did not violate Blakely or was harmless. ¶ 31 No Sixth Amendment violation occurs if a trial court aggravates a sentence based on a fact " admitted by the defendant. " Blakely , ___ U.S. at ___, 124 S.Ct. at 2537; see also Ring III, 204 Ariz. 534, ¶ 93 , 65 P.3d at 944 ("In cases in which a defendant stipulates, confesses or admits to facts sufficient to establish an aggravating circumstance, we will regard that factor as established.").

2005Nonetheless, we conclude the trial court's consideration of the other aggravating factors either did not violate Blakely or was harmless. ¶ 31 No Sixth Amendment violation occurs if a trial court aggravates a sentence based on a fact " admitted by the defendant. " Blakely , ___ U.S. at ___, 124 S.Ct. at 2537; see also Ring III, 204 Ariz. 534, ¶ 93 , 65 P.3d at 944 ("In cases in which a defendant stipulates, confesses or admits to facts sufficient to establish an aggravating circumstance, we will regard that factor as established.").

1919
Strickland v. Washingtongreen
scotus · 1984 · cited in 4 Arizona opinions naming this issue, 2007–2023
2 sentences

2023See id. at 659 n.26 (citing Strickland v. Washington, 466 U.S. 668 (1984)). ¶25 Under the circumstances here, Traverso’s Cronic claim required him to show a complete actual or constructive denial of counsel during plea negotiations.

2023See id. at 659 n.26 (citing Strickland v. Washington, 466 U.S. 668 (1984)). ¶25 Under the circumstances here, Traverso’s Cronic claim required him to show a complete actual or constructive denial of counsel during plea negotiations.

34
State v. Freeneygreen
ariz · 2009 · cited in 3 Arizona opinions naming this issue, 2015–2024
2 sentences

2021“A Sixth Amendment violation occurs when the defendant received insufficient notice and is therefore actually prejudiced by a new or amended charge.” Id. at 115, ¶ 29 .

2021“A Sixth Amendment violation occurs when the defendant received insufficient notice and is therefore actually prejudiced by a new or amended charge.” Id. at 115, ¶ 29 .

33
United States v. Cronicgreen
scotus · 1984 · cited in 3 Arizona opinions naming this issue, 2005–2023
2 sentences

2023See id. at 659 n.26 (citing Strickland v. Washington, 466 U.S. 668 (1984)). ¶25 Under the circumstances here, Traverso’s Cronic claim required him to show a complete actual or constructive denial of counsel during plea negotiations.

2023See id. at 659 n.26 (citing Strickland v. Washington, 466 U.S. 668 (1984)). ¶25 Under the circumstances here, Traverso’s Cronic claim required him to show a complete actual or constructive denial of counsel during plea negotiations.

23
United States v. Bookergreen
scotus · 2004 · cited in 3 Arizona opinions naming this issue, 2005–2009
2 sentences

2005Thus, the ultimate sentence imposed, even relying on other supposed aggravating factors, could not have exceeded the range authorized if the jury had found the 566 grams factor. ¶ 65 That Justice Stevens was not adopting the rule suggested by the majority is further supported by the statement in his dissent that “[bjecause the Guidelines as written possess the virtue of combining a mandatory determination of sentencing ranges and discretionary decisions within those ranges, they allow ample latitude for judicial factfind-ing that does not even arguably raise any Sixth Amendment issue.” Id. (em

2005Thus, the ultimate sentence imposed, even relying on other supposed aggravating factors, could not have exceeded the range authorized if the jury had found the 566 grams factor. ¶ 65 That Justice Stevens was not adopting the rule suggested by the majority is further supported by the statement in his dissent that "[b]ecause the Guidelines as written possess the virtue of combining a mandatory determination of sentencing ranges and discretionary decisions within those ranges, they allow ample latitude for judicial factfinding that does not even arguably raise any Sixth Amendment issue." Id. (emp

23
State v. Warnergreen
ariz · 1986 · cited in 3 Arizona opinions naming this issue, 1999–2008
2 sentences

2008See 150 Ariz. at 125-28 , 722 P.2d at 293-96 .

2008See 150 Ariz. at 125-28 , 722 P.2d at 293-96 .

23
State v. Murdaughgreen
ariz · 2004 · cited in 2 Arizona opinions naming this issue, 2005–2016
2 sentences

2016Id. at 305-08, 110 S.Ct. 1078 ; see State v. Murdaugh, 209 Ariz. 19 , 33 ¶ 70, 97 P.3d 844, 858 (2004) (citing Blystone to support the conclusion that “[a] defendant may waive the presentation of mitigation if he is legally competent to do so”); see also Hausner, 230 Ariz. at 85 ¶ 118, 280 P.3d at 629 (same, rejecting argument that “Murdaugh misinterpreted in Blystone”). ¶ 246 Nor does the Sixth Amendment require the defense to present mitigation despite the defendant’s waiver.

2016Id. at 305-08, 110 S.Ct. 1078 ; see State v. Murdaugh, 209 Ariz. 19 , 33 ¶ 70, 97 P.3d 844, 858 (2004) (citing Blystone to support the conclusion that “[a] defendant may waive the presentation of mitigation if he is legally competent to do so”); see also Hausner, 230 Ariz. at 85 ¶ 118, 280 P.3d at 629 (same, rejecting argument that “Murdaugh misinterpreted in Blystone”). ¶ 246 Nor does the Sixth Amendment require the defense to present mitigation despite the defendant’s waiver.

22
Blystone v. Pennsylvaniagreen
scotus · 1990 · cited in 2 Arizona opinions naming this issue, 2012–2016
2 sentences

2016Id. at 305-08, 110 S.Ct. 1078 ; see State v. Murdaugh, 209 Ariz. 19 , 33 ¶ 70, 97 P.3d 844, 858 (2004) (citing Blystone to support the conclusion that “[a] defendant may waive the presentation of mitigation if he is legally competent to do so”); see also Hausner, 230 Ariz. at 85 ¶ 118, 280 P.3d at 629 (same, rejecting argument that “Murdaugh misinterpreted in Blystone”). ¶ 246 Nor does the Sixth Amendment require the defense to present mitigation despite the defendant’s waiver.

2016Id. at 305-08, 110 S.Ct. 1078 ; see State v. Murdaugh, 209 Ariz. 19 , 33 ¶ 70, 97 P.3d 844, 858 (2004) (citing Blystone to support the conclusion that “[a] defendant may waive the presentation of mitigation if he is legally competent to do so”); see also Hausner, 230 Ariz. at 85 ¶ 118, 280 P.3d at 629 (same, rejecting argument that “Murdaugh misinterpreted in Blystone”). ¶ 246 Nor does the Sixth Amendment require the defense to present mitigation despite the defendant’s waiver.

22
United States v. Gonzalez-Lopezgreen
scotus · 2006 · cited in 2 Arizona opinions naming this issue, 2009–2009
2 sentences

2009See Gonzalez-Lopez, 548 U.S. at 148 , 126 S.Ct. 2557 . 5 .

2009See Gonzalez-Lopez, 548 U.S. at 148 , 126 S.Ct. 2557 . 5 .

22
State v. Pecardgreen
arizctapp · 1999 · cited in 2 Arizona opinions naming this issue, 2008–2008
2 sentences

2008Whether a Sixth Amendment violation exists depends on whether the intrusions were purposeful and whether the prosecution, either directly or indirectly, obtained evidence or learned of defense strategy from the intrusions." State v. Pecard, 196 Ariz. 371 , 377 ¶ 28, 998 P.2d 453, 459 (App.1999) (citing Weatherford v. Bursey, 429 U.S. 545, 558 , 97 S.Ct. 837 , 51 L.Ed.2d 30 (1977)). ¶ 52 In Warner , this Court addressed an argument similar to that made by Boggs.

2008Whether a Sixth Amendment violation exists depends on whether the intrusions were purposeful and whether the prosecution, either directly or indirectly, obtained evidence or learned of defense strategy from the intrusions." State v. Pecard, 196 Ariz. 371 , 377 ¶ 28, 998 P.2d 453, 459 (App.1999) (citing Weatherford v. Bursey, 429 U.S. 545, 558 , 97 S.Ct. 837 , 51 L.Ed.2d 30 (1977)). ¶ 52 In Warner , this Court addressed an argument similar to that made by Boggs.

22
United States v. Jerald Lee Simsgreen
ca9 · 1980 · cited in 2 Arizona opinions naming this issue, 2006–2006
2 sentences

2006Quoting United States v. Sims, 617 F.2d 1371, 1377 (9th Cir.1980), amicus argues the QARs are not business records because the “plain language of [Rule] 803(8)[, Ariz. R.

2006Quoting United States v. Sims, 617 F.2d 1371, 1377 (9th Cir. 1980), amicus argues the QARs are not business records because the “plain language of [Rule] 803(8)[, Ariz. R.

22
State v. Rankovichgreen
ariz · 1988 · cited in 2 Arizona opinions naming this issue, 2006–2006
2 sentences

2006See State v. Rankovich, 159 Ariz. 116 , 122 n. 3, 765 P.2d 518 , 524 n. 3 (1988) (failure to raise or argue claim in opening brief “constitutes abandonment and waiver of that issue”); cf. State v. King, 212 Ariz. 372, ¶ 14 , 132 P.3d 311, 314 (App.2006) (defendant’s objection below that “he would not be able to cross-examine” unavailable witness whose hearsay statements to 911 operator were admitted at trial “were sufficient to avoid waiver of his Confrontation Clause argument”). ¶ 7 A “hearsay” objection does not preserve for appellate review a claim that admission of the evidence violated th

2006See State v. Rankovich, 159 Ariz. 116 , 122 n. 3, 765 P.2d 518 , 524 n. 3 (1988) (failure to raise or argue claim in opening brief “constitutes abandonment and waiver of that issue”); cf. State v. King, 212 Ariz. 372, ¶ 14 , 132 P.3d 311, 314 (App.2006) (defendant’s objection below that “he would not be able to cross-examine” unavailable witness whose hearsay statements to 911 operator were admitted at trial “were sufficient to avoid waiver of his Confrontation Clause argument”). ¶ 7 A “hearsay” objection does not preserve for appellate review a claim that admission of the evidence violated th

22
State v. Kinggreen
arizctapp · 2006 · cited in 2 Arizona opinions naming this issue, 2006–2006
2 sentences

2006See Griffith v. Kentucky, 479 U.S. 314 , 321 n.6, 107 S. Ct. 708 , 712 n.6 (1987); State v. King, 212 Ariz. 372, n.2 , 132 P.3d 311 , 313 n.2 (App. 2006). 4 ground that it was ‘hearsay’ and did not qualify as an ‘excited utterance.’” Neither at trial nor in his appellate briefs filed in this court did Alvarez raise any Sixth Amendment objection to admission of that evidence.

2006See Griffith v. Kentucky, 479 U.S. 314 , 321 n.6, 107 S. Ct. 708 , 712 n.6 (1987); State v. King, 212 Ariz. 372, n.2 , 132 P.3d 311 , 313 n.2 (App. 2006). 4 ground that it was ‘hearsay’ and did not qualify as an ‘excited utterance.’” Neither at trial nor in his appellate briefs filed in this court did Alvarez raise any Sixth Amendment objection to admission of that evidence.

22
State v. Sansinggreen
ariz · 2003 · cited in 2 Arizona opinions naming this issue, 2004–2005
2 sentences

2005See, e.g., State v. Murdaugh, 209 Ariz. 19 , 30 ¶ 50, 97 P.3d 844, 855 (2004); State v. Montaño, 206 Ariz. 296 , 297 ¶ 3, 77 P.3d 1246, 1247 (2003); State v. Sansing, 206 Ariz. 232 , 235 ¶ 5, 77 P.3d 30, 33 (2003). ¶ 13 Ring III however, considered only the Sixth Amendment violation caused by submitting factual questions legally essential to expose a defendant to a maximum sentence to the wrong factfinder.

2005See, e.g., State v. Murdaugh, 209 Ariz. 19 , 30 ¶ 50, 97 P.3d 844, 855 (2004); State v. Montaño, 206 Ariz. 296 , 297 ¶ 3, 77 P.3d 1246, 1247 (2003); State v. Sansing, 206 Ariz. 232 , 235 ¶ 5, 77 P.3d 30, 33 (2003). ¶ 13 Ring III however, considered only the Sixth Amendment violation caused by submitting factual questions legally essential to expose a defendant to a maximum sentence to the wrong factfinder.

22
State v. Miranda-Cabreragreen
arizctapp · 2004 · cited in 2 Arizona opinions naming this issue, 2005–2005
2 sentences

2005State v. Miranda-Cabrera, 209 Ariz. 220, ¶ 34 , 99 P.3d 35, 42-43 (App.2004) (finding no Sixth Amendment violation when trial court weighs non-Bfatóy-compliant aggravating circumstances against mitigating circumstances and resulting sentence is below the presumptive); State v. Munninger, 209 Ariz. 473, ¶ 20 , 104 P.3d 204, 211 (App.2005) (commenting that “the use of a judge-found aggravating factor to increase the minimum sentence ... is not a Blakely problem because the right to jury trial applies only if the factor increases the sentence beyond that which can be imposed based solely on the j

2005State v. Miranda-Cabrera, 209 Ariz. 220, ¶ 34 , 99 P.3d 35, 42-43 (App.2004) (finding no Sixth Amendment violation when trial court weighs non-Bfatóy-compliant aggravating circumstances against mitigating circumstances and resulting sentence is below the presumptive); State v. Munninger, 209 Ariz. 473, ¶ 20 , 104 P.3d 204, 211 (App.2005) (commenting that “the use of a judge-found aggravating factor to increase the minimum sentence ... is not a Blakely problem because the right to jury trial applies only if the factor increases the sentence beyond that which can be imposed based solely on the j

22
Apprendi v. New Jerseygreen
scotus · 2000 · cited in 4 Arizona opinions naming this issue, 2004–2023
2 sentences

2023Id. at 518 (citing Apprendi, 530 U.S. at 490 ). ¶17 An important distinction exists between the Sixth Amendment analysis in Mathis and our Fifth Amendment analysis in State v. Carter, 249 Ariz. 312 (2020).

2023Id. at 518 (citing Apprendi, 530 U.S. at 490 ). ¶17 An important distinction exists between the Sixth Amendment analysis in Mathis and our Fifth Amendment analysis in State v. Carter, 249 Ariz. 312 (2020).

14
Weatherford v. Burseygreen
scotus · 1977 · cited in 3 Arizona opinions naming this issue, 1999–2008
2 sentences

2008Whether a Sixth Amendment violation exists depends on whether the intrusions were purposeful and whether the prosecution, either directly or indirectly, obtained evidence or learned of defense strategy from the intrusions." State v. Pecard, 196 Ariz. 371 , 377 ¶ 28, 998 P.2d 453, 459 (App.1999) (citing Weatherford v. Bursey, 429 U.S. 545, 558 , 97 S.Ct. 837 , 51 L.Ed.2d 30 (1977)). ¶ 52 In Warner , this Court addressed an argument similar to that made by Boggs.

2008Whether a Sixth Amendment violation exists depends on whether the intrusions were purposeful and whether the prosecution, either directly or indirectly, obtained evidence or learned of defense strategy from the intrusions." State v. Pecard, 196 Ariz. 371 , 377 ¶ 28, 998 P.2d 453, 459 (App.1999) (citing Weatherford v. Bursey, 429 U.S. 545, 558 , 97 S.Ct. 837 , 51 L.Ed.2d 30 (1977)). ¶ 52 In Warner , this Court addressed an argument similar to that made by Boggs.

13
Ring v. Arizonagreen
scotus · 2002 · cited in 3 Arizona opinions naming this issue, 2003–2003
2 sentences

2003Thus, where the enhancement factor was determined solely and uniquely by the trial judge, the Court held a Sixth Amendment violation had occurred. ¶ 42 The principle was extended to capital cases in Ring II in which the Supreme Court stated “[bjecause Arizona’s enumerated aggravating factors operate as ‘the functional equivalent of an element of a greater offense,’ the Sixth Amendment requires that they be found by a jury.” Ring II, 536 U.S. at 609 , 122 S.Ct. at 2443 (citation omitted). ¶ 43 Ring II thus instructs that under the Sixth Amendment a jury must determine an aggravator which expose

2003Thus, where the enhancement factor was determined solely and uniquely by the trial judge, the Court held a Sixth Amendment violation had occurred. ¶ 42 The principle was extended to capital cases in Ring II in which the Supreme Court stated “[bjecause Arizona’s enumerated aggravating factors operate as ‘the functional equivalent of an element of a greater offense,’ the Sixth Amendment requires that they be found by a jury.” Ring II, 536 U.S. at 609 , 122 S.Ct. at 2443 (citation omitted). ¶ 43 Ring II thus instructs that under the Sixth Amendment a jury must determine an aggravator which expose

13
United States v. Valenzuela-Bernalgreen
scotus · 1982 · cited in 3 Arizona opinions naming this issue, 1983–2001
2 sentences

2001In order to establish a Sixth Amendment violation, a defendant "must at least make some plausible showing of how [a proffered witness's] testimony would have been both *127 material and favorable to his defense." Id. at 867 , 102 S.Ct. at 3442 , 73 L.Ed.2d at 1202 . [5] And, courts have upheld that requirement in cases such as this, in which no illegal alien witnesses or countervailing governmental issues such as deportation are involved.

2001In order to establish a Sixth Amendment violation, a defendant "must at least make some plausible showing of how [a proffered witness's] testimony would have been both *127 material and favorable to his defense." Id. at 867 , 102 S.Ct. at 3442 , 73 L.Ed.2d at 1202 . [5] And, courts have upheld that requirement in cases such as this, in which no illegal alien witnesses or countervailing governmental issues such as deportation are involved.

13
State of Arizona v. Dale Shawn Hausnergreen
ariz · 2012 · cited in 2 Arizona opinions naming this issue, 2016–2024
2 sentences

2024CHRISTOPHER MICHAEL MONTOYA Opinion of the Court rejected the argument that “the Sixth Amendment requires the defense to present mitigation despite the defendant’s waiver.” State v. Hausner, 230 Ariz. 60 , 85 ¶ 119 (2012); see also Roscoe, 184 Ariz. at 499 (holding a defendant’s decision to not present mitigating evidence is a “personal decision . . . within his discretion” and does not result “in ineffective assistance or an invalid waiver of counsel”); State v. Kayer, 194 Ariz. 423 , 437 ¶ 46 (1999) (holding a defendant is allowed “not to cooperate with a mitigation specialist and thereby po

2016Id. at 305-08, 110 S.Ct. 1078 ; see State v. Murdaugh, 209 Ariz. 19 , 33 ¶ 70, 97 P.3d 844, 858 (2004) (citing Blystone to support the conclusion that “[a] defendant may waive the presentation of mitigation if he is legally competent to do so”); see also Hausner, 230 Ariz. at 85 ¶ 118, 280 P.3d at 629 (same, rejecting argument that “Murdaugh misinterpreted in Blystone”). ¶ 246 Nor does the Sixth Amendment require the defense to present mitigation despite the defendant’s waiver.

12
Irving Sheppard v. Robert Reesgreen
ca9 · 1990 · cited in 2 Arizona opinions naming this issue, 2003–2009
2 sentences

2003A Sixth Amendment violation arising from an amendment to the nature of the charge during trial is included in this category because "[a] trial cannot be fair unless the nature of the charges against a defendant are adequately made known to him or her in a timely fashion." Sheppard, 909 F.2d at 1237 . *441 ¶ 22 There is a practical underpinning to the reversible per se rule.

2003A Sixth Amendment violation arising from an amendment to the nature of the charge during trial is included in this category because "[a] trial cannot be fair unless the nature of the charges against a defendant are adequately made known to him or her in a timely fashion." Sheppard, 909 F.2d at 1237 . *441 ¶ 22 There is a practical underpinning to the reversible per se rule.

12
United States v. Morrisongreen
scotus · 1981 · cited in 2 Arizona opinions naming this issue, 2000–2006
2 sentences

2006See United States v. Morrison, 449 U.S. 361, 364 , 101 S.Ct. 665 , 66 L.Ed.2d 564 (1981) ("The United States initially urges that absent some showing of prejudice, there could be no Sixth Amendment violation to be remedied.

2006See United States v. Morrison, 449 U.S. 361, 364 , 101 S.Ct. 665 , 66 L.Ed.2d 564 (1981) ("The United States initially urges that absent some showing of prejudice, there could be no Sixth Amendment violation to be remedied.

12
State v. Munningergreen
arizctapp · 2005 · cited in 2 Arizona opinions naming this issue, 2005–2005
2 sentences

2005State v. Miranda-Cabrera, 209 Ariz. 220, ¶ 34 , 99 P.3d 35, 42-43 (App.2004) (finding no Sixth Amendment violation when trial court weighs non-Bfatóy-compliant aggravating circumstances against mitigating circumstances and resulting sentence is below the presumptive); State v. Munninger, 209 Ariz. 473, ¶ 20 , 104 P.3d 204, 211 (App.2005) (commenting that “the use of a judge-found aggravating factor to increase the minimum sentence ... is not a Blakely problem because the right to jury trial applies only if the factor increases the sentence beyond that which can be imposed based solely on the j

2005State v. Miranda-Cabrera, 209 Ariz. 220, ¶ 34 , 99 P.3d 35, 42-43 (App.2004) (finding no Sixth Amendment violation when trial court weighs non-Bfatóy-compliant aggravating circumstances against mitigating circumstances and resulting sentence is below the presumptive); State v. Munninger, 209 Ariz. 473, ¶ 20 , 104 P.3d 204, 211 (App.2005) (commenting that “the use of a judge-found aggravating factor to increase the minimum sentence ... is not a Blakely problem because the right to jury trial applies only if the factor increases the sentence beyond that which can be imposed based solely on the j

12
State v. Kayergreen
ariz · 1999 · cited in 1 Arizona opinions naming this issue, 2024–2024
11
State v. Roscoegreen
ariz · 1996 · cited in 1 Arizona opinions naming this issue, 2024–2024
11
Sullivan v. Louisianagreen
scotus · 1993 · cited in 1 Arizona opinions naming this issue, 2021–2021
11
United States v. Gary Allen Lott, United States of America v. Johnny Marton Lott, AKA Johnny Martin Lottgreen
ca10 · 2002 · cited in 1 Arizona opinions naming this issue, 2021–2021
11
United States v. Ronald Arthur Ofshegreen
ca11 · 1987 · cited in 1 Arizona opinions naming this issue, 2016–2016
11
State v. Riggsgreen
ariz · 1997 · cited in 1 Arizona opinions naming this issue, 2016–2016
11
State v. Huttongreen
ariz · 1985 · cited in 1 Arizona opinions naming this issue, 2015–2015
11
State v. Snellinggreen
ariz · 2010 · cited in 1 Arizona opinions naming this issue, 2014–2014
11
State v. Sotogreen
ariz · 1977 · cited in 1 Arizona opinions naming this issue, 2013–2013
11
State of Arizona v. Steven John Parkergreen
ariz · 2013 · cited in 1 Arizona opinions naming this issue, 2013–2013
11
Schriro v. Landrigangreen
scotus · 2007 · cited in 1 Arizona opinions naming this issue, 2012–2012
11
Hill v. Lockhartgreen
scotus · 1985 · cited in 1 Arizona opinions naming this issue, 2010–2010
11
State v. Hamiltongreen
ariz · 1984 · cited in 1 Arizona opinions naming this issue, 2010–2010
11
State v. Reedgreen
arizctapp · 1979 · cited in 1 Arizona opinions naming this issue, 2010–2010
11
State v. Johnsongreen
arizctapp · 1995 · cited in 1 Arizona opinions naming this issue, 2010–2010
11
United States v. Odomgreen
ca11 · 2001 · cited in 1 Arizona opinions naming this issue, 2009–2009
11
Dennis L. STEPHENS, Petitioner-Appellant, v. Robert G. BORG, Warden, Respondent-Appelleegreen
ca9 · 1995 · cited in 1 Arizona opinions naming this issue, 2009–2009
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (32)

CaseCitedYears
Witherspoon v. Illinois green
scotus · 1968
2 sentences

2013Witherspoon v. Illinois, 391 U.S. 510, 522 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968) (finding Sixth Amendment violation).

2013Witherspoon v. Illinois, 391 U.S. 510, 522 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968) (finding Sixth Amendment violation).

32009–2013
State v. Gomez green
ariz · 2010
2 sentences

2014Id. at 170 ¶¶ 23-24, 244 P.3d at 1168 ; see also State v. Snelling, 225 Ariz. 182 , 187 ¶ 20, 236 P.3d 409, 414 (2010) (finding no Sixth Amendment violation when a testifying medical examiner offered opinions about cause of death based on review of photographs of the victim and autopsy report prepared by another pathologist). ¶66 Unlike the situation in Gomez , it is unclear whether Walton testified about his own opinions or simply relayed those of a fellow analyst, Emily Jeskie.

2014Id. at 170 ¶¶ 23-24, 244 P.3d at 1168 ; see also State v. Snelling, 225 Ariz. 182 , 187 ¶ 20, 236 P.3d 409, 414 (2010) (finding no Sixth Amendment violation when a testifying medical examiner offered opinions about cause of death based on review of photographs of the victim and autopsy report prepared by another pathologist). ¶66 Unlike the situation in Gomez , it is unclear whether Walton testified about his own opinions or simply relayed those of a fellow analyst, Emily Jeskie.

22014–2014
Donald W. v. Arizona Department of Economic Security green
arizctapp · 2007
2 sentences

2007In support of his argument, John relies heavily on Donald W., Sr. v. Arizona Department of Economic Security, 215 Ariz. 199 , 159 P.3d 65 (App.2007), but the supreme court has since vacated relevant portions of the decision and redesignated the remaining portions as a memorandum decision. 215 Ariz. 199 , 159 P.3d 65 (October 19, 2007).

2007In support of his argument, John relies heavily on Donald W., Sr. v. Arizona Department of Economic Security, 215 Ariz. 199 , 159 P.3d 65 (App.2007), but the supreme court has since vacated relevant portions of the decision and redesignated the remaining portions as a memorandum decision. 215 Ariz. 199 , 159 P.3d 65 (October 19, 2007).

22007–2007
Crawford v. Washington green
scotus · 2004
2 sentences

2006Crawford, 541 U.S. at 52 , 124 S.Ct. at 1364 . ¶28 We are not persuaded by Bohsancurt’s arguments that the seminal issue under Crawford is whether the declarant can reasonably anticipate that his or her statement will likely be used at trial.

2006Crawford, 541 U.S. at 52 , 124 S.Ct. at 1364 . ¶28 We are not persuaded by Bohsancurt’s arguments that the seminal issue under Crawford is whether the declarant can reasonably anticipate that his or her statement will likely be used at trial.

22006–2006
United States v. Martinez-Salazar green
scotus · 2000
2 sentences

2003Instead, the Court concluded that “Martinez-Salazar had the option of letting [the venireperson] sit on the petit jury and, upon conviction, pursuing a Sixth Amendment challenge on appeal.” Id. at 315 , 120 S.Ct. 774 .

2003Instead, the Court concluded that “Martinez-Salazar had the option of letting [the venireperson] sit on the petit jury and, upon conviction, pursuing a Sixth Amendment challenge on appeal.” Id. at 315 , 120 S.Ct. 774 .

22001–2003
Doggett v. United States green
scotus · 1992
2 sentences

1995Finally, it reiterated the importance of presumptive prejudice in speedy trial claims by stating that “[wjhile such presumptive prejudice cannot alone carry a Sixth Amendment claim without regard to the other ... criteria, it is part of the mix of relevant facts, and its importance increases with the length of delay.” Id. (citations omitted).

1995Finally, it reiterated the importance of presumptive prejudice in speedy trial claims by stating that “[wjhile such presumptive prejudice cannot alone carry a Sixth Amendment claim without regard to the other ... criteria, it is part of the mix of relevant facts, and its importance increases with the length of delay.” Id. (citations omitted).

21993–1995
State v. Cromwell green
ariz · 2005
2 sentences

2026To show a Sixth Amendment violation, a defendant must allege more than personality conflicts or strategy disagreements with counsel; he must allege facts showing an “irreconcilable conflict exists,” risking “an unfair trial.” Id. at 187 ¶ 30.

2026To show a Sixth Amendment violation, a defendant must allege more than personality conflicts or strategy disagreements with counsel; he must allege facts showing an “irreconcilable conflict exists,” risking “an unfair trial.” Id. at 187 ¶ 30.

12026–2026
State of Arizona v. Bobby Ray Carter Jr green
ariz · 2020
12023–2023
Mathis v. United States green
scotus · 2016
12023–2023
Fushek v. State green
ariz · 2008
12020–2020
Alleyne v. United States green
· 2013
12020–2020
Kennedy v. Mendoza-Martinez green
scotus · 1963
12020–2020
Michigan v. Lucas green
scotus · 1991
12019–2019
Davis v. Alaska green
scotus · 1974
12019–2019
State Ex Rel. Romley v. Superior Court green
arizctapp · 1992
12019–2019
State v. Rosengren green
arizctapp · 2000
12016–2016
Barker v. Wingo green
scotus · 1972
12013–2013
Wainwright v. Witt green
scotus · 1985
12013–2013
Adams v. Texas green
scotus · 1980
12013–2013
Boykin v. Alabama green
scotus · 1969
12010–2010
State v. Sanders green
arizctapp · 2003
12009–2009
Commonwealth v. Manning green
massappct · 1996
12007–2007
Weaver v. State green
texapp · 1992
12007–2007
Charles Silagy, Cross-Appellant v. Howard Peters, Iii, Warden, Pontiac Correctional Center, Cross-Appellee green
ca7 · 1990
12007–2007
Ronald Wayne Brewer v. Crispus Nix green
ca8 · 1992
12007–2007
Sellers v. State green
oklacrimapp · 1991
12007–2007
State v. Blunt green
tenncrimapp · 1985
12007–2007
State v. Rogers green
nc · 2002
12007–2007
Kimmelman v. Morrison green
scotus · 1986
12006–2006
State Ex Rel. Mendez v. AMERICAN SUPPORT green
ariz · 2005
12005–2005
Jones v. United States green
scotus · 1999
12005–2005
Blakely v. Washington green
scotus · 2004
12004–2004

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 13-703 (28) AZ § Ariz. Rev. Stat. § 13-4031 (20) AZ § Ariz. Rev. Stat. § 13-604 (11) AZ § Ariz. Rev. Stat. § 13-701 (10) AZ § Ariz. Rev. Stat. § 13-702 (10) AZ § Ariz. Rev. Stat. § 13-1105 (9) AZ § Ariz. Rev. Stat. § 13-751 (9) AZ § Ariz. Rev. Stat. § 13-1101 (7) AZ § Ariz. Rev. Stat. § 13-752 (7) AZ § Ariz. Rev. Stat. § 13-756 (7) AZ § Ariz. Rev. Stat. § 13-105 (6) AZ § Ariz. Rev. Stat. § 13-1304 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 476 (1968–2026) TX 433 (1980–2026) OH 199 (1977–2026) WA 155 (1975–2026) PA 149 (1971–2026) MI 147 (1976–2025) GA 138 (1979–2026) TN 131 (1981–2026) IL 115 (1975–2026) IN 108 (1978–2026) AZ 99 (1971–2026) DC 98 (1978–2026) FL 89 (1982–2026) IA 76 (1980–2025) NJ 71 (1977–2025) MD 65 (1971–2026) NC 65 (1980–2025) DE 64 (1976–2026) OR 61 (1974–2026) AL 59 (1981–2024) CO 51 (1981–2025) WI 51 (1980–2025) VA 51 (1983–2026) CT 49 (1982–2026) MA 46 (1974–2025) MO 46 (1973–2025) KS 45 (1990–2026) NY 44 (1972–2026) MS 44 (1982–2020) LA 38 (1983–2025) MN 36 (1984–2026) NM 36 (1982–2025) UT 36 (1983–2026) OK 29 (1977–2022) ID 29 (1979–2026) KY 24 (1972–2026) ME 22 (1973–2023) MT 20 (1975–2026) WV 18 (1981–2024) RI 18 (1979–2018) NE 18 (1982–2022) SD 15 (1969–2026) HI 15 (1981–2024) NV 14 (1982–2023) AR 13 (1988–2026) WY 13 (1983–2025) SC 12 (1975–2019) AK 10 (1979–2024) ND 10 (2003–2021) VT 10 (1979–2024) VI 7 (2002–2026) GU 4 (1978–2025) NH 2 (1991–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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