conclusions defense (Arizona) · Go Syfert
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conclusions defense in Arizona

11 Arizona opinions name it 2 courts 1975–2023 2 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 (5)

CaseFollowedCited
State v. Schackartgreen
ariz · 1993 · cited in 5 Arizona opinions naming this issue, 1994–2023
2 sentences

2023As in those cases, to “hold otherwise would deprive the state of the only adequate means to contest 8 the conclusions of a defense psychiatric expert.” Id. (quoting Schackart, 175 Ariz. at 500 ).

2023As in those cases, to “hold otherwise would deprive the state of the only adequate means to contest 8 the conclusions of a defense psychiatric expert.” Id. (quoting Schackart, 175 Ariz. at 500 ).

15
Phillips v. Aranetagreen
ariz · 2004 · cited in 2 Arizona opinions naming this issue, 2020–2022
2 sentences

2022The court ultimately held “that ordering defendant to submit to a mental examination did not violate his privilege against self-incrimination,” reasoning that “[t]o hold otherwise would deprive the state of the only adequate means to contest the conclusions of a defense psychiatric expert.” Id. at 500-01. ¶9 More recently, in Phillips v. Araneta, 208 Ariz. 280 (2004), our supreme court extended Schackart’s reasoning to the penalty phase in a capital trial.

2020Accordingly, when a defendant makes mental health an issue for a penalty phase, the superior court cannot “deprive the State of the only adequate means to contest the conclusions of a defense psychiatric expert.” Id. at ¶ 8 (quoting State v. Schackart, 175 Ariz. 494, 500 (1993)). ¶12 “Under the American Psychological Association’s Code of Ethics, ‘psychologists provide opinions of the psychological characteristics of individuals only after they have conducted an examination of the individuals adequate to support their statements or conclusions.’” Id. at 285, ¶ 18 (quoting Ethical Standard 9.01

12
Petrone Cabanas v. Hon. pineda/stategreen
arizctapp · 2018 · cited in 1 Arizona opinions naming this issue, 2023–2023
1 sentence

2023After all, our criminal rules “generally establish reciprocal discovery rights, which are ‘intended to further the concept that a defendant is not entitled to an unfair advantage in the presentation of his defense.’” LaBianca, 254 Ariz. 206 , ¶ 11 (quoting Cabanas v. Pineda, 246 Ariz. 12, ¶ 25 (App. 2018)).

11
Warner v. Southwest Desert Images, LLCgreen
arizctapp · 2008 · cited in 1 Arizona opinions naming this issue, 2009–2009
2 sentences

2009Desert Images, LLC, 218 Ariz. 121, 131, ¶ 25 , 180 P.3d 986, 996 (App.2008) (finding the standards for granting summary judgment and JMOL are similar: whether the evidence in support of a claim would not allow reasonable people to agree with the conclusions of the claim’s proponent).

2009Desert Images, LLC, 218 Ariz. 121, 131, ¶ 25 , 180 P.3d 986, 996 (App.2008) (finding the standards for granting summary judgment and JMOL are similar: whether the evidence in support of a claim would not allow reasonable people to agree with the conclusions of the claim’s proponent).

11
United States v. Billy G. Byersgreen
cadc · 1984 · cited in 1 Arizona opinions naming this issue, 1993–1993
1 sentence

1993See United States v. Byers, 740 F.2d 1104, 1111-13 (D.C.Cir.1984) (plurality opinion) (upholding court-ordered psychiatric exam as necessary to maintain a “fair state-individual balance”).

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 (7)

CaseCitedYears
State v. Hon labianca/pedro green
arizctapp · 2022
1 sentence

2023After all, our criminal rules “generally establish reciprocal discovery rights, which are ‘intended to further the concept that a defendant is not entitled to an unfair advantage in the presentation of his defense.’” LaBianca, 254 Ariz. 206 , ¶ 11 (quoting Cabanas v. Pineda, 246 Ariz. 12, ¶ 25 (App. 2018)).

12023–2023
Associated Indemnity Corp. v. Warner green
ariz · 1985
1 sentence

2020But the court’s characterization of First Mercury’s defense as without merit or novelty did not “exceed[] the bounds of reason.” Warner, 143 Ariz. at 571 .

12020–2020
Faith Realty & Development Co. v. Industrial Commission green
colo · 1969
2 sentences

1976The petitioner relies heavily on the case of Faith Realty & Development Co. v. Industrial Comm. of Colo., 170 Colo. 215 , 460 P.2d 228 (1969).

1976The petitioner relies heavily on the case of Faith Realty & Development Co. v. Industrial Comm. of Colo., 170 Colo. 215 , 460 P.2d 228 (1969).

11976–1976
Micucci v. Industrial Commission green
ariz · 1972
2 sentences

1975Reviewing the evidence in light most favorable toward sustaining the conclusions of the hearing officer and The Industrial Commission of Arizona, Spears v. Industrial Commission of Arizona, 20 Ariz.App. 406 , 513 P.2d 695 (1973); Rutledge v. Industrial Commission of Arizona, 108 Ariz. 61 , 492 P.2d 1168 (1972); Micucci v. Industrial Commission of Arizona, 108 Ariz. 194 , 494 P.2d 1324 (1972), we hold the findings and award are supported by substantial evidence.

1975Reviewing the evidence in light most favorable toward sustaining the conclusions of the hearing officer and The Industrial Commission of Arizona, Spears v. Industrial Commission of Arizona, 20 Ariz.App. 406 , 513 P.2d 695 (1973); Rutledge v. Industrial Commission of Arizona, 108 Ariz. 61 , 492 P.2d 1168 (1972); Micucci v. Industrial Commission of Arizona, 108 Ariz. 194 , 494 P.2d 1324 (1972), we hold the findings and award are supported by substantial evidence.

11975–1975
Rutledge v. Industrial Commission green
ariz · 1972
2 sentences

1975Reviewing the evidence in light most favorable toward sustaining the conclusions of the hearing officer and The Industrial Commission of Arizona, Spears v. Industrial Commission of Arizona, 20 Ariz.App. 406 , 513 P.2d 695 (1973); Rutledge v. Industrial Commission of Arizona, 108 Ariz. 61 , 492 P.2d 1168 (1972); Micucci v. Industrial Commission of Arizona, 108 Ariz. 194 , 494 P.2d 1324 (1972), we hold the findings and award are supported by substantial evidence.

1975Reviewing the evidence in light most favorable toward sustaining the conclusions of the hearing officer and The Industrial Commission of Arizona, Spears v. Industrial Commission of Arizona, 20 Ariz.App. 406 , 513 P.2d 695 (1973); Rutledge v. Industrial Commission of Arizona, 108 Ariz. 61 , 492 P.2d 1168 (1972); Micucci v. Industrial Commission of Arizona, 108 Ariz. 194 , 494 P.2d 1324 (1972), we hold the findings and award are supported by substantial evidence.

11975–1975
Broadus v. Industrial Commission procedural
arizctapp · 1972
2 sentences

1975In Broadus v. The Industrial Commission of Arizona, 18 Ariz. App. 429 , 503 P.2d 387 (1972) (review denied) we stated: “The medical evidence is documentary only.

1975In Broadus v. The Industrial Commission of Arizona, 18 Ariz. App. 429 , 503 P.2d 387 (1972) (review denied) we stated: “The medical evidence is documentary only.

11975–1975
Spears v. Industrial Commission green
arizctapp · 1973
2 sentences

1975Reviewing the evidence in light most favorable toward sustaining the conclusions of the hearing officer and The Industrial Commission of Arizona, Spears v. Industrial Commission of Arizona, 20 Ariz.App. 406 , 513 P.2d 695 (1973); Rutledge v. Industrial Commission of Arizona, 108 Ariz. 61 , 492 P.2d 1168 (1972); Micucci v. Industrial Commission of Arizona, 108 Ariz. 194 , 494 P.2d 1324 (1972), we hold the findings and award are supported by substantial evidence.

1975Reviewing the evidence in light most favorable toward sustaining the conclusions of the hearing officer and The Industrial Commission of Arizona, Spears v. Industrial Commission of Arizona, 20 Ariz.App. 406 , 513 P.2d 695 (1973); Rutledge v. Industrial Commission of Arizona, 108 Ariz. 61 , 492 P.2d 1168 (1972); Micucci v. Industrial Commission of Arizona, 108 Ariz. 194 , 494 P.2d 1324 (1972), we hold the findings and award are supported by substantial evidence.

11975–1975

Where else courts name it

PA 22 (1980–2018) NY 12 (1916–2020) AZ 11 (1975–2023) MD 9 (2009–2023) TX 9 (1928–2022) CA 7 (1915–2026) WA 6 (1968–2017) TN 6 (2003–2019) NJ 5 (1987–2022) OH 5 (2003–2023) CT 4 (1975–2001) LA 4 (1994–2023) IL 3 (1992–1998) ME 3 (2000–2014) OR 2 (1970–2018) OK 2 (1965–1983) MI 2 (1973–1992) MA 2 (2008–2013) MO 2 (1997–2018) NC 2 (2014–2021)

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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