circumstantial evidence instruction (Arizona) · Go Syfert
← Arizona issues

circumstantial evidence instruction in Arizona

11 Arizona opinions name it 2 courts 1967–2009 0 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 (1)

CaseFollowedCited
State v. Jensengreen
ariz · 1970 · cited in 1 Arizona opinions naming this issue, 1997–1997
2 sentences

1997See State v. Jensen, 106 Ariz. 421, 423 , 477 P.2d 252, 254 (1970).

1997See State v. Jensen, 106 Ariz. 421, 423 , 477 P.2d 252, 254 (1970).

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 (9)

CaseCitedYears
State v. Harvill green
ariz · 1970
2 sentences

1977Lastly, appellant claims the court erred in failing to give the following requested instruction: “If the evidence is susceptible of two reasonable interpretations, one of which points to the defendant’s guilt, and the other to his innocence, it is your duty to adopt that interpretation which points to the defendant’s innocence and reject the other which points to his guilt.” This is the second half of the circumstantial evidence instruction which was condemned by our Supreme Court in State v. Harvill, 106 Ariz. 386 , 476 P.2d 841 (1970).

1977Lastly, appellant claims the court erred in failing to give the following requested instruction: “If the evidence is susceptible of two reasonable interpretations, one of which points to the defendant’s guilt, and the other to his innocence, it is your duty to adopt that interpretation which points to the defendant’s innocence and reject the other which points to his guilt.” This is the second half of the circumstantial evidence instruction which was condemned by our Supreme Court in State v. Harvill, 106 Ariz. 386 , 476 P.2d 841 (1970).

31971–1977
State v. Rodriguez green
ariz · 1998
2 sentences

2009Id. at 61-62 , 961 P.2d at 1009-10 . ¶ 7 Musgrove does not contend that the circumstantial-evidence instruction given to the jury was erroneous.

2009Id. at 61-62 , 961 P.2d at 1009-10 . ¶ 7 Musgrove does not contend that the circumstantial-evidence instruction given to the jury was erroneous.

22009–2009
State v. Daymus green
ariz · 1961
2 sentences

1970However, as stated in Tigue, supra, and in State v. Daymus, 90 Ariz. 294 , 367 P.2d 647 (1961), this rule applies only where the prosecution must rely solely on circumstantial evidence to convict.

1970However, as stated in Tigue, supra, and in State v. Daymus, 90 Ariz. 294 , 367 P.2d 647 (1961), this rule applies only where the prosecution must rely solely on circumstantial evidence to convict.

11970–1970
State v. Madden green
ariz · 1969
2 sentences

1969State v. Madden, 104 Ariz. 111 , 449 P.2d 39 (1969); State v. Schroeder, supra. Defense counsel contends that the-court erroneouly rejected the defendant’s; proposed instruction No. 11, which added to the instruction on circumstantial evidence, “that each fact which is essential to-complete a chain of circumstances that will establish the defendant’s guilt must be proved beyond a reasonable doubt.” Defense counsel have cited no authority for inclusion of their proffered addendum to the circumstantial evidence instruction..

1969State v. Madden, 104 Ariz. 111 , 449 P.2d 39 (1969); State v. Schroeder, supra. Defense counsel contends that the-court erroneouly rejected the defendant’s; proposed instruction No. 11, which added to the instruction on circumstantial evidence, “that each fact which is essential to-complete a chain of circumstances that will establish the defendant’s guilt must be proved beyond a reasonable doubt.” Defense counsel have cited no authority for inclusion of their proffered addendum to the circumstantial evidence instruction..

11969–1969
State v. Miller green
ariz · 1969
2 sentences

1969However, this case was expressly disapproved in a recent Arizona Supreme Court case, State v. Miller, 104 Ariz. 335 , 452 P.2d 509 (1969), in which the Court set forth the Arizona rules ■on when the circumstantial evidence instruction is to be given in criminal cases.

1969However, this case was expressly disapproved in a recent Arizona Supreme Court case, State v. Miller, 104 Ariz. 335 , 452 P.2d 509 (1969), in which the Court set forth the Arizona rules ■on when the circumstantial evidence instruction is to be given in criminal cases.

11969–1969
State v. Stotts green
arizctapp · 1968
2 sentences

1968State v. Stotts, 8 Ariz.App. 340 , 446 P.2d 244 (1968); State v. McCormick, 7 Ariz.App. 576 , 442 P.2d 134 (1968); cf. State v. Bradley, 102 Ariz. 482 , 433 P.2d 273 (1967).

1968State v. Stotts, 8 Ariz.App. 340 , 446 P.2d 244 (1968); State v. McCormick, 7 Ariz.App. 576 , 442 P.2d 134 (1968); cf. State v. Bradley, 102 Ariz. 482 , 433 P.2d 273 (1967).

11968–1968
State v. McCormick green
arizctapp · 1968
2 sentences

1968State v. Stotts, 8 Ariz.App. 340 , 446 P.2d 244 (1968); State v. McCormick, 7 Ariz.App. 576 , 442 P.2d 134 (1968); cf. State v. Bradley, 102 Ariz. 482 , 433 P.2d 273 (1967).

1968State v. Stotts, 8 Ariz.App. 340 , 446 P.2d 244 (1968); State v. McCormick, 7 Ariz.App. 576 , 442 P.2d 134 (1968); cf. State v. Bradley, 102 Ariz. 482 , 433 P.2d 273 (1967).

11968–1968
State v. Bradley green
ariz · 1967
2 sentences

1968State v. Stotts, 8 Ariz.App. 340 , 446 P.2d 244 (1968); State v. McCormick, 7 Ariz.App. 576 , 442 P.2d 134 (1968); cf. State v. Bradley, 102 Ariz. 482 , 433 P.2d 273 (1967).

1968State v. Stotts, 8 Ariz.App. 340 , 446 P.2d 244 (1968); State v. McCormick, 7 Ariz.App. 576 , 442 P.2d 134 (1968); cf. State v. Bradley, 102 Ariz. 482 , 433 P.2d 273 (1967).

11968–1968
State v. Tigue green
ariz · 1963
2 sentences

1967The correct rule is stated in State v. Tigue, 95 Ariz. 45 , 386 P.2d 402 (1963).

1967The correct rule is stated in State v. Tigue, 95 Ariz. 45 , 386 P.2d 402 (1963).

11967–1967

Where else courts name it

MS 211 (1979–2023) MO 109 (1933–2024) LA 109 (1982–2026) FL 104 (1928–2025) MN 103 (1952–2035) NY 57 (1973–2026) CA 38 (1949–2024) TX 30 (1957–2021) IL 28 (1951–2019) GA 25 (1931–2020) SC 15 (1969–2021) NE 13 (1944–1993) AZ 11 (1967–2009) PA 10 (1943–2018) NM 8 (1971–1995) IN 8 (1980–2023) DE 8 (1962–1973) KS 7 (1973–2015) WA 7 (1971–1985) CT 7 (1991–1994) AL 6 (2001–2015) OH 6 (1982–2024) MT 6 (1938–2021) RI 5 (1973–1984) WV 5 (1974–1995) TN 5 (1960–2010) IA 5 (1938–2015) VA 4 (1989–2025) SD 4 (1978–2001) ID 4 (1983–2021) OK 4 (1982–2008) MD 3 (1968–1983) NH 2 (2012–2013) WY 2 (1975–1976) MA 2 (1981–1996) VT 2 (1983–1985) OR 2 (1942–1977) CO 2 (1972–1972) WI 2 (1986–1990)

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.

← Caselaw search · G Cite Topics · Brief Check