Allen framework (Arizona) · Go Syfert
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Allen framework in Arizona

13 Arizona opinions name it 2 courts 1996–2021 1 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 (9)

CaseFollowedCited
William Z. v. Arizona Department of Economic Securitygreen
arizctapp · 1998 · cited in 2 Arizona opinions naming this issue, 2007–2007
2 sentences

2007Sec., 192 Ariz. 385, ¶ 22 , 965 P.2d 1224, 1228 (App. 1998) (summary denial of motion to intervene is abuse of discretion).

2007Sec., 192 Ariz. 385, ¶ 22 , 965 P.2d 1224, 1228 (App. 1998) (summary denial of motion to intervene is abuse of discretion).

22
Speer v. Donfeldgreen
arizctapp · 1998 · cited in 2 Arizona opinions naming this issue, 2007–2007
2 sentences

2007See id.; see also Speer v. Donfeld, 193 Ariz. 28, ¶ 9 , 969 P.2d 193, 196 (App.1998) (trial court abuses its discretion if it "base[s] its ruling on an error of law").

2007See id.; see also Speer v. Donfeld, 193 Ariz. 28, ¶ 9 , 969 P.2d 193, 196 (App.1998) (trial court abuses its discretion if it "base[s] its ruling on an error of law").

22
Bechtel v. Rose in and for Maricopa Countygreen
ariz · 1986 · cited in 2 Arizona opinions naming this issue, 2007–2007
2 sentences

2007Id. at 72 , 722 P.2d at 240 , quoting Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir.1977) (footnotes omitted in Bechtel ). ¶ 13 In his minute entry denying Allen's motion to intervene, the respondent judge stated: Under the facts of this case, the Court finds that allowing Grace Allen to intervene would be adverse to [T.'s] best interest.

2007Id. at 72 , 722 P.2d at 240 , quoting Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir.1977) (footnotes omitted in Bechtel ). ¶ 13 In his minute entry denying Allen's motion to intervene, the respondent judge stated: Under the facts of this case, the Court finds that allowing Grace Allen to intervene would be adverse to [T.'s] best interest.

22
Nancy Anne Spangler, United States of America, Plaintiff-Intervenor-Appellee v. Pasadena City Board of Educationgreen
ca9 · 1977 · cited in 2 Arizona opinions naming this issue, 2007–2007
2 sentences

2007Id. at 72 , 722 P.2d at 240 , quoting Spangler v. Pasedena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977) (footnotes omitted in Bechtel). ¶13 In his minute entry denying Allen’s motion to intervene, the respondent judge stated: Under the facts of this case, the Court finds that allowing Grace Allen to intervene would be adverse to [T.’s] best interest.

2007Id. at 72 , 722 P.2d at 240 , quoting Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir.1977) (footnotes omitted in Bechtel ). ¶ 13 In his minute entry denying Allen's motion to intervene, the respondent judge stated: Under the facts of this case, the Court finds that allowing Grace Allen to intervene would be adverse to [T.'s] best interest.

22
Allen v. Hardygreen
scotus · 1986 · cited in 3 Arizona opinions naming this issue, 2003–2020
2 sentences

2003Under the Allen framework, courts weigh three factors to determine if a rule applies retroactively to final cases: "(a) the purpose to be served by the new standards, (b) the extent of the reliance by law enforcement authorities on the old standards, and (c) the effect on the administration of justice of a retroactive application of the new standards." 478 U.S. at 258 , 106 S.Ct. at 2880 (quoting Solem v. Stumes, 465 U.S. 638, 643 , 104 S.Ct. 1338, 1341 , 79 L.Ed.2d 579 (1984)). ¶ 27 We regard DeStefano as particularly persuasive because the Court applied these same three factors to conclude t

2003Under the Allen framework, courts weigh three factors to determine if a rule applies retroactively to final cases: "(a) the purpose to be served by the new standards, (b) the extent of the reliance by law enforcement authorities on the old standards, and (c) the effect on the administration of justice of a retroactive application of the new standards." 478 U.S. at 258 , 106 S.Ct. at 2880 (quoting Solem v. Stumes, 465 U.S. 638, 643 , 104 S.Ct. 1338, 1341 , 79 L.Ed.2d 579 (1984)). ¶ 27 We regard DeStefano as particularly persuasive because the Court applied these same three factors to conclude t

13
Solem v. Stumesgreen
scotus · 1984 · cited in 2 Arizona opinions naming this issue, 2003–2003
2 sentences

2003Under the Allen framework, courts weigh three factors to determine if a rule applies retroactively to final cases: "(a) the purpose to be served by the new standards, (b) the extent of the reliance by law enforcement authorities on the old standards, and (c) the effect on the administration of justice of a retroactive application of the new standards." 478 U.S. at 258 , 106 S.Ct. at 2880 (quoting Solem v. Stumes, 465 U.S. 638, 643 , 104 S.Ct. 1338, 1341 , 79 L.Ed.2d 579 (1984)). ¶ 27 We regard DeStefano as particularly persuasive because the Court applied these same three factors to conclude t

2003Under the Allen framework, courts weigh three factors to determine if a rule applies retroactively to final cases: "(a) the purpose to be served by the new standards, (b) the extent of the reliance by law enforcement authorities on the old standards, and (c) the effect on the administration of justice of a retroactive application of the new standards." 478 U.S. at 258 , 106 S.Ct. at 2880 (quoting Solem v. Stumes, 465 U.S. 638, 643 , 104 S.Ct. 1338, 1341 , 79 L.Ed.2d 579 (1984)). ¶ 27 We regard DeStefano as particularly persuasive because the Court applied these same three factors to conclude t

12
State v. Djerfgreen
ariz · 1998 · cited in 1 Arizona opinions naming this issue, 2020–2020
1 sentence

2020See State v. Djerf, 191 Ariz. 583 , 597 ¶ 54 (1998) (stating that because the (F)(6) aggravator is worded in the disjunctive, “a finding of either especial cruelty or heinousness/depravity will suffice to establish this aggravating factor”).

11
State v. Spreitzgreen
ariz · 2002 · cited in 1 Arizona opinions naming this issue, 2009–2009
2 sentences

2009See State v. Spreitz, 202 Ariz. 1 , 3 ¶ 9, 39 P.3d 525, 527 (2002).

2009See State v. Spreitz, 202 Ariz. 1 , 3 ¶ 9, 39 P.3d 525, 527 (2002).

11
Pass v. Stephensgreen
ariz · 1921 · cited in 1 Arizona opinions naming this issue, 1998–1998
2 sentences

1998The court cited as analogous a very early decision by this court in which incompetency, for purposes of invalidating a testamentary instrument, required that the grantor be "incapable of understanding in a reasonable degree and knowing the consequences of the instrument he executes." 137 Ariz. at 216 , 669 P.2d at 993 (citing Pass v. Stephens, 22 Ariz. 461, 470 , 198 P. 712, 715 (1921)).

1998The court cited as analogous a very early decision by this court in which incompetency, for purposes of invalidating a testamentary instrument, required that the grantor be "incapable of understanding in a reasonable degree and knowing the consequences of the instrument he executes." 137 Ariz. at 216 , 669 P.2d at 993 (citing Pass v. Stephens, 22 Ariz. 461, 470 , 198 P. 712, 715 (1921)).

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 (12)

CaseCitedYears
Jesus M. v. Arizona Department of Economic Security green
arizctapp · 2002
2 sentences

2007Jesus M., 203 Ariz. 278, ¶ 12 , 53 P.3d at 207 .

2007Jesus M., 203 Ariz. 278, ¶ 12 , 53 P.3d at 207 .

22007–2007
Mitchell v. City of Nogales green
ariz · 1958
2 sentences

2007ESPINOSA, Judge, dissenting. ¶ 17 I refrain from joining the majority decision because, as the majority acknowledges, our standard of review is abuse of discretion, Mitchell, 83 Ariz. 328, 333 , 320 P.2d 955, 958 , and there is ample justification supporting the respondent judge's decision to deny Allen's motion to intervene in this dependency proceeding.

2007ESPINOSA, Judge, dissenting. ¶ 17 I refrain from joining the majority decision because, as the majority acknowledges, our standard of review is abuse of discretion, Mitchell, 83 Ariz. 328, 333 , 320 P.2d 955, 958 , and there is ample justification supporting the respondent judge's decision to deny Allen's motion to intervene in this dependency proceeding.

22007–2007
DeStefano v. Woods green
scotus · 1968
2 sentences

2003DeStefano, 392 U.S. at 633-34 , 88 S.Ct. at 2095-96 .

2003DeStefano, 392 U.S. at 633-34 , 88 S.Ct. at 2095-96 .

22003–2003
Anders v. California green
scotus · 1967
1 sentence

2021Therefore, in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 (1969), defense counsel asked this Court to search the record for fundamental error.

12021–2021
State v. Leon green
ariz · 1969
1 sentence

2021Therefore, in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 (1969), defense counsel asked this Court to search the record for fundamental error.

12021–2021
Allen v. Superior Court of Maricopa County green
ariz · 1959
2 sentences

2019Ct. of Maricopa Cty. , 86 Ariz. 205 , 209, 344 P.2d 163 (1959). "[T]he true test for determining whether parties and causes of action are the same for purposes of abatement, by reason of pendency of a prior action, ordinarily is, whether the two actions present a substantial identity as to parties, subject matter, issues involved, and relief demanded." Id. ¶14 In explaining its ruling on the Petitioner's motion for abatement, the Mohave County Superior Court found that "the parties are the same" in the Mohave and Maricopa County actions, but the record is unclear on whether the court found the

2019Ct. of Maricopa Cty. , 86 Ariz. 205 , 209, 344 P.2d 163 (1959). "[T]he true test for determining whether parties and causes of action are the same for purposes of abatement, by reason of pendency of a prior action, ordinarily is, whether the two actions present a substantial identity as to parties, subject matter, issues involved, and relief demanded." Id. ¶14 In explaining its ruling on the Petitioner's motion for abatement, the Mohave County Superior Court found that "the parties are the same" in the Mohave and Maricopa County actions, but the record is unclear on whether the court found the

12019–2019
Allen v. State green
· 1913
2 sentences

2004Allen, like Zajac, failed to assert his objection until after the referendum had occurred. 14 Ariz. at 465-66 , 130 P. at 1116-17 .

2004Allen, like Zajac, failed to assert his objection until after the referendum had occurred. 14 Ariz. at 465-66 , 130 P. at 1116-17 .

12004–2004
Allen v. Illinois green
scotus · 1986
1 sentence

2000Id. at 368, 375 , 106 S.Ct. 2988 .

12000–2000
Nelson v. Nelson green
arizctapp · 1983
2 sentences

1998The court cited as analogous a very early decision by this court in which incompetency, for purposes of invalidating a testamentary instrument, required that the grantor be "incapable of understanding in a reasonable degree and knowing the consequences of the instrument he executes." 137 Ariz. at 216 , 669 P.2d at 993 (citing Pass v. Stephens, 22 Ariz. 461, 470 , 198 P. 712, 715 (1921)).

1998The court cited as analogous a very early decision by this court in which incompetency, for purposes of invalidating a testamentary instrument, required that the grantor be "incapable of understanding in a reasonable degree and knowing the consequences of the instrument he executes." 137 Ariz. at 216 , 669 P.2d at 993 (citing Pass v. Stephens, 22 Ariz. 461, 470 , 198 P. 712, 715 (1921)).

11998–1998
Nolde v. Frankie green
arizctapp · 1998
2 sentences

1998In Nolde v. Frankie, Division One interpreted Florez in the same manner as the Doe court. 190 Ariz. 422 , 949 P.2d 511 (App.1997).

1998In Nolde v. Frankie, Division One interpreted Florez in the same manner as the Doe court. 190 Ariz. 422 , 949 P.2d 511 (App.1997).

11998–1998
Florez v. Sargeant green
ariz · 1996
2 sentences

1996The opinion neglects to describe those details, simply stating that the facts set forth are "not relevant or material to the issue of unsound mind under the Allen test." Op. at 527, 917 P.2d at 256 .

1996The opinion neglects to describe those details, simply stating that the facts set forth are "not relevant or material to the issue of unsound mind under the Allen test." Op. at 527, 917 P.2d at 256 .

11996–1996
State v. McKinney green
ariz · 1996
2 sentences

1996Op. at 525, 917 P.2d at 254 .

1996Op. at 525, 917 P.2d at 254 .

11996–1996

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 13-703 (3)

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

TX 52 (1966–2024) WA 44 (1983–2026) UT 38 (1990–2026) CA 37 (1936–2025) KS 31 (1966–2026) GA 27 (1986–2024) CO 22 (1992–2025) FL 21 (1985–2025) IN 20 (1981–2020) TN 19 (2000–2025) MD 18 (1977–2021) OH 18 (1975–2025) NY 17 (1989–2022) PA 16 (1974–2022) NC 13 (2002–2022) AZ 13 (1996–2021) OK 12 (1983–2021) WI 12 (1975–2026) IL 10 (1966–2022) MO 9 (1996–2019) ID 9 (1987–2022) AL 9 (1958–2010) IA 9 (2001–2026) MI 8 (1970–2025) NV 8 (1980–2021) NE 8 (2006–2025) MT 8 (1998–2014) DE 8 (1974–2025) MS 8 (1992–2020) VA 7 (1981–2025) HI 7 (1982–2026) DC 7 (1985–2018) LA 6 (1983–2002) CT 5 (1993–2015) AR 3 (1995–2025) WY 3 (1971–2023) OR 3 (1990–2007) NH 3 (2002–2010) MA 3 (1979–2025) ME 2 (1990–2006) NJ 2 (1997–2007) KY 2 (1967–2007) WV 2 (1982–2010)

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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