firmly rooted exception (Arizona) · Go Syfert
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firmly rooted exception in Arizona

10 Arizona opinions name it 2 courts 1990–2003 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 (5)

CaseFollowedCited
Ohio v. Robertsred
scotus · 1980 · cited in 4 Arizona opinions naming this issue, 1993–2003
2 sentences

2003“Public policy overrides the [C]onfrontation [C]lause when the declarant is unavailable and his statement bears adequate ‘indicia of reliability.’” Id. 3 Reliability can be inferred when the statement falls within a “firmly rooted” hearsay exception or the statement “is supported by a ‘showing of particularized guarantees of trust-worthiness.’” Id. (quoting Ohio v. Roberts, 448 U.S. 56, 66 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 (1980)). ¶ 36 The United States Supreme Court declared in Lilly that “accomplices’ confessions that inculpate a criminal defendant are not within a firmly rooted exception t

2003“Public policy overrides the [C]onfrontation [C]lause when the declarant is unavailable and his statement bears adequate ‘indicia of reliability.’” Id. 3 Reliability can be inferred when the statement falls within a “firmly rooted” hearsay exception or the statement “is supported by a ‘showing of particularized guarantees of trust-worthiness.’” Id. (quoting Ohio v. Roberts, 448 U.S. 56, 66 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 (1980)). ¶ 36 The United States Supreme Court declared in Lilly that “accomplices’ confessions that inculpate a criminal defendant are not within a firmly rooted exception t

14
Idaho v. Wrightgreen
scotus · 1990 · cited in 4 Arizona opinions naming this issue, 1993–1996
2 sentences

1996A statement not falling within a firmly rooted exception must have “particularized guarantees of trustworthiness.” Idaho v. Wright, 497 U.S. 805, 815 , 110 S.Ct. 3139, 3146 , 111 L.Ed.2d 638 (1990).

1996A statement not falling within a firmly rooted exception must have “particularized guarantees of trustworthiness.” Idaho v. Wright, 497 U.S. 805, 815 , 110 S.Ct. 3139, 3146 , 111 L.Ed.2d 638 (1990).

14
Lilly v. Virginiagreen
scotus · 1999 · cited in 3 Arizona opinions naming this issue, 2003–2003
2 sentences

2003“Public policy overrides the [C]onfrontation [C]lause when the declarant is unavailable and his statement bears adequate ‘indicia of reliability.’” Id. 3 Reliability can be inferred when the statement falls within a “firmly rooted” hearsay exception or the statement “is supported by a ‘showing of particularized guarantees of trust-worthiness.’” Id. (quoting Ohio v. Roberts, 448 U.S. 56, 66 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 (1980)). ¶ 36 The United States Supreme Court declared in Lilly that “accomplices’ confessions that inculpate a criminal defendant are not within a firmly rooted exception t

2003A. “Firmly Rooted” Hearsay Exceptions If 17 Bronson relies on Lilly, 527 U.S. 116 , 119 S.Ct. 1887 , to argue that a statement against penal interest made by an accomplice is not a firmly rooted exception to the hearsay rule.

13
Longfellow v. Stategreen
del · 1997 · cited in 1 Arizona opinions naming this issue, 2003–2003
1 sentence

2003Longfellow v. State, 688 A.2d 1370, 1373 (Del.1997).

11
Williamson v. United Statesgreen
scotus · 1994 · cited in 1 Arizona opinions naming this issue, 2003–2003
2 sentences

2003See, e.g., Williamson v. United States, 512 U.S. 594, 599-600 , 114 S.Ct. 2431 , 129 L.Ed.2d 476 (1994); Lee v. Illinois, 476 U.S. 530, 540-41 , 106 S.Ct. 2056 , 90 L.Ed.2d 514 (1986); Bruton v. United States, 391 U.S. 123, 124-25 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968); Douglas v. Alabama, 380 U.S. 415, 419-20 , 85 S.Ct. 1074 , 13 L.Ed.2d 934 (1965). ¶ 34 Consequently, because Rule 806 is not a firmly rooted exception, the trial court was obligated to find that the statement at issue bore sufficient “indicia of reliability” before allowing the statement to be used.

2003See, e.g., Williamson v. United States, 512 U.S. 594, 599-600 , 114 S.Ct. 2431 , 129 L.Ed.2d 476 (1994); Lee v. Illinois, 476 U.S. 530, 540-41 , 106 S.Ct. 2056 , 90 L.Ed.2d 514 (1986); Bruton v. United States, 391 U.S. 123, 124-25 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968); Douglas v. Alabama, 380 U.S. 415, 419-20 , 85 S.Ct. 1074 , 13 L.Ed.2d 934 (1965). ¶ 34 Consequently, because Rule 806 is not a firmly rooted exception, the trial court was obligated to find that the statement at issue bore sufficient “indicia of reliability” before allowing the statement to be used.

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 (8)

CaseCitedYears
Lee v. Illinois green
scotus · 1986
2 sentences

2003See, e.g., Williamson v. United States, 512 U.S. 594, 599-600 , 114 S.Ct. 2431 , 129 L.Ed.2d 476 (1994); Lee v. Illinois, 476 U.S. 530, 540-41 , 106 S.Ct. 2056 , 90 L.Ed.2d 514 (1986); Bruton v. United States, 391 U.S. 123, 124-25 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968); Douglas v. Alabama, 380 U.S. 415, 419-20 , 85 S.Ct. 1074 , 13 L.Ed.2d 934 (1965). ¶ 34 Consequently, because Rule 806 is not a firmly rooted exception, the trial court was obligated to find that the statement at issue bore sufficient “indicia of reliability” before allowing the statement to be used.

2003See, e.g., Williamson v. United States, 512 U.S. 594, 599-600 , 114 S.Ct. 2431 , 129 L.Ed.2d 476 (1994); Lee v. Illinois, 476 U.S. 530, 540-41 , 106 S.Ct. 2056 , 90 L.Ed.2d 514 (1986); Bruton v. United States, 391 U.S. 123, 124-25 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968); Douglas v. Alabama, 380 U.S. 415, 419-20 , 85 S.Ct. 1074 , 13 L.Ed.2d 934 (1965). ¶ 34 Consequently, because Rule 806 is not a firmly rooted exception, the trial court was obligated to find that the statement at issue bore sufficient “indicia of reliability” before allowing the statement to be used.

22003–2003
White v. Illinois green
scotus · 1992
2 sentences

1993When hearsay testimony comes “within a firmly rooted exception to the hearsay rule, the Confrontation Clause is satisfied.” White v. Illinois, — U.S.—, —, 112 S.Ct. 736, 743 , 116 L.Ed.2d 848 (1992).

1993When hearsay testimony comes “within a firmly rooted exception to the hearsay rule, the Confrontation Clause is satisfied.” White v. Illinois, — U.S.—, —, 112 S.Ct. 736, 743 , 116 L.Ed.2d 848 (1992).

21993–1993
State v. Ruelas green
arizctapp · 1992
2 sentences

2003“Public policy overrides the [C]onfrontation [C]lause when the declarant is unavailable and his statement bears adequate ‘indicia of reliability.’” Id. 3 Reliability can be inferred when the statement falls within a “firmly rooted” hearsay exception or the statement “is supported by a ‘showing of particularized guarantees of trust-worthiness.’” Id. (quoting Ohio v. Roberts, 448 U.S. 56, 66 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 (1980)). ¶ 36 The United States Supreme Court declared in Lilly that “accomplices’ confessions that inculpate a criminal defendant are not within a firmly rooted exception t

2003“Public policy overrides the [C]onfrontation [C]lause when the declarant is unavailable and his statement bears adequate ‘indicia of reliability.’” Id. 3 Reliability can be inferred when the statement falls within a “firmly rooted” hearsay exception or the statement “is supported by a ‘showing of particularized guarantees of trust-worthiness.’” Id. (quoting Ohio v. Roberts, 448 U.S. 56, 66 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 (1980)). ¶ 36 The United States Supreme Court declared in Lilly that “accomplices’ confessions that inculpate a criminal defendant are not within a firmly rooted exception t

12003–2003
Bruton v. United States green
scotus · 1968
2 sentences

2003See, e.g., Williamson v. United States, 512 U.S. 594, 599-600 , 114 S.Ct. 2431 , 129 L.Ed.2d 476 (1994); Lee v. Illinois, 476 U.S. 530, 540-41 , 106 S.Ct. 2056 , 90 L.Ed.2d 514 (1986); Bruton v. United States, 391 U.S. 123, 124-25 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968); Douglas v. Alabama, 380 U.S. 415, 419-20 , 85 S.Ct. 1074 , 13 L.Ed.2d 934 (1965). ¶ 34 Consequently, because Rule 806 is not a firmly rooted exception, the trial court was obligated to find that the statement at issue bore sufficient “indicia of reliability” before allowing the statement to be used.

2003See, e.g., Williamson v. United States, 512 U.S. 594, 599-600 , 114 S.Ct. 2431 , 129 L.Ed.2d 476 (1994); Lee v. Illinois, 476 U.S. 530, 540-41 , 106 S.Ct. 2056 , 90 L.Ed.2d 514 (1986); Bruton v. United States, 391 U.S. 123, 124-25 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968); Douglas v. Alabama, 380 U.S. 415, 419-20 , 85 S.Ct. 1074 , 13 L.Ed.2d 934 (1965). ¶ 34 Consequently, because Rule 806 is not a firmly rooted exception, the trial court was obligated to find that the statement at issue bore sufficient “indicia of reliability” before allowing the statement to be used.

12003–2003
Douglas v. Alabama green
scotus · 1965
2 sentences

2003See, e.g., Williamson v. United States, 512 U.S. 594, 599-600 , 114 S.Ct. 2431 , 129 L.Ed.2d 476 (1994); Lee v. Illinois, 476 U.S. 530, 540-41 , 106 S.Ct. 2056 , 90 L.Ed.2d 514 (1986); Bruton v. United States, 391 U.S. 123, 124-25 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968); Douglas v. Alabama, 380 U.S. 415, 419-20 , 85 S.Ct. 1074 , 13 L.Ed.2d 934 (1965). ¶ 34 Consequently, because Rule 806 is not a firmly rooted exception, the trial court was obligated to find that the statement at issue bore sufficient “indicia of reliability” before allowing the statement to be used.

2003See, e.g., Williamson v. United States, 512 U.S. 594, 599-600 , 114 S.Ct. 2431 , 129 L.Ed.2d 476 (1994); Lee v. Illinois, 476 U.S. 530, 540-41 , 106 S.Ct. 2056 , 90 L.Ed.2d 514 (1986); Bruton v. United States, 391 U.S. 123, 124-25 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968); Douglas v. Alabama, 380 U.S. 415, 419-20 , 85 S.Ct. 1074 , 13 L.Ed.2d 934 (1965). ¶ 34 Consequently, because Rule 806 is not a firmly rooted exception, the trial court was obligated to find that the statement at issue bore sufficient “indicia of reliability” before allowing the statement to be used.

12003–2003
J. Q. v. D. R. L. green
scotus · 1989
1 sentence

1991Id.

11991–1991
State v. Jeffers green
ariz · 1983
2 sentences

1990Third, as excited utterances the statements fall within a firmly rooted exception to the hearsay rule, Yslas, 139 Ariz. at 65, 676 P.2d at 1123; Jeffers, 135 Ariz. at 422 , 661 P.2d at 1123 ; bearing “all the indicia of reliability which has led to the creation of a narrow exception to the rule against hearsay.” Carr, 154 Ariz. at 471-72 , 743 P.2d at 1389-90 .

1990Third, as excited utterances the statements fall within a firmly rooted exception to the hearsay rule, Yslas, 139 Ariz. at 65, 676 P.2d at 1123; Jeffers, 135 Ariz. at 422 , 661 P.2d at 1123 ; bearing “all the indicia of reliability which has led to the creation of a narrow exception to the rule against hearsay.” Carr, 154 Ariz. at 471-72 , 743 P.2d at 1389-90 .

11990–1990
State v. Carr green
ariz · 1987
2 sentences

1990Third, as excited utterances the statements fall within a firmly rooted exception to the hearsay rule, Yslas, 139 Ariz. at 65, 676 P.2d at 1123; Jeffers, 135 Ariz. at 422 , 661 P.2d at 1123 ; bearing “all the indicia of reliability which has led to the creation of a narrow exception to the rule against hearsay.” Carr, 154 Ariz. at 471-72 , 743 P.2d at 1389-90 .

1990Third, as excited utterances the statements fall within a firmly rooted exception to the hearsay rule, Yslas, 139 Ariz. at 65, 676 P.2d at 1123; Jeffers, 135 Ariz. at 422 , 661 P.2d at 1123 ; bearing “all the indicia of reliability which has led to the creation of a narrow exception to the rule against hearsay.” Carr, 154 Ariz. at 471-72 , 743 P.2d at 1389-90 .

11990–1990

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 13-4031 (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 47 (1987–2017) OH 30 (1992–2012) CA 22 (1993–2023) VA 21 (1996–2020) IL 20 (1989–2024) NM 17 (1996–2017) WA 17 (1998–2009) CO 17 (1993–2026) PA 15 (1990–2026) NC 14 (1994–2009) LA 12 (1995–2017) AL 12 (1994–2026) FL 11 (1988–2019) MO 11 (1898–2007) MN 10 (1991–2006) AZ 10 (1990–2003) GA 9 (1995–2011) MD 9 (1988–2016) CT 8 (1992–2010) MA 7 (1994–2025) WY 7 (1997–2022) TN 7 (2002–2010) DE 7 (1998–2017) SC 7 (1995–2006) IN 7 (1994–2010) WI 6 (1982–2002) MI 6 (1991–2020) DC 6 (1996–2009) KY 6 (2001–2006) OK 5 (1996–2014) IA 4 (1994–2005) SD 4 (1986–2000) MT 3 (2001–2006) WV 3 (1999–2003) HI 3 (1992–2018) ME 2 (1995–2003) ID 2 (1999–2001) MS 2 (2000–2004) OR 2 (1993–2000) KS 2 (2001–2005) NE 2 (1993–2000) AK 2 (1994–1994)

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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