10 Arizona opinions name it 2 courts 1966–2021 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.
| Case | Followed | Cited |
|---|---|---|
Bush v. Brightgreen2 sentences1992We agree with the court in Bush v. Bright, [ 264 Cal. App.2d 788, 789 , 71 Cal.Rptr. 123, 124 (1968)] that the “obvious reason for ac *215 quiescence in the refusal of such a test by a person who as a matter of law is ‘deemed to have given his consent’ is to avoid the violence which would often attend forcible tests upon recalcitrant inebriates.” 106 Ariz. at 549 , 479 P.2d at 692 . 1992We agree with the court in Bush v. Bright, [ 264 Cal. App.2d 788, 789 , 71 Cal.Rptr. 123, 124 (1968)] that the “obvious reason for ac *215 quiescence in the refusal of such a test by a person who as a matter of law is ‘deemed to have given his consent’ is to avoid the violence which would often attend forcible tests upon recalcitrant inebriates.” 106 Ariz. at 549 , 479 P.2d at 692 . | 1 | 2 |
Van Loan v. Van Loangreen1 sentence2021See ARCAP 13(a)(7); Van Loan v. Van Loan, 116 Ariz. 272, 274 (1977) (“The failure to raise an issue . . . in briefs on appeal constitutes waiver of the issue.”); State Farm Mut. | 1 | 1 |
State v. Gallegosgreen2 sentences2013During the penalty phase, Miller requested that the jury be instructed: “If you find that other individuals participated in these murders and have never been prosecuted, you may consider that as a mitigating factor.” The trial court refused, relying on State v. Gallegos, which explained that although disparate sentences can be a mitigating circumstance, this factor “has no application when insufficient evidence exists to *43 charge the other party with the alleged crime.” 178 Ariz. 1, 20 , 870 P.2d 1097, 1116 (1994). ¶ 41 Miller asserts that the trial court’s refusal was error. 2013During the penalty phase, Miller requested that the jury be instructed: “If you find that other individuals participated in these murders and have never been prosecuted, you may consider that as a mitigating factor.” The trial court refused, relying on State v. Gallegos, which explained that although disparate sentences can be a mitigating circumstance, this factor “has no application when insufficient evidence exists to *43 charge the other party with the alleged crime.” 178 Ariz. 1, 20 , 870 P.2d 1097, 1116 (1994). ¶ 41 Miller asserts that the trial court’s refusal was error. | 1 | 1 |
Alires v. Southern Pacific Companygreen2 sentences1966The following language has been condemned: “ ‘ * * * if [the plaintiff is contributorily negligent] * * * then it is your sworn duty to return a verdict for the defendants,’ ” and “ ‘ * * if [the plaintiff is contributorily negligent] * * * then you are instructed to find in favor of the defendants,’ ” Coyner Crop Dusters v. Marsh, 91 Ariz. 371, 374 , 372 P.2d 708, 710 (1962); * * there can be no recovery * * * ’ ” Alires v. Southern Pacific Company, 93 Ariz. 97, 104 , 378 P.2d 913, 916 (1963); and “ ' * * under such circumstances the law requires you to and it is your duty to return a verdict 1966The following language has been condemned: “ ‘ * * * if [the plaintiff is contributorily negligent] * * * then it is your sworn duty to return a verdict for the defendants,’ ” and “ ‘ * * if [the plaintiff is contributorily negligent] * * * then you are instructed to find in favor of the defendants,’ ” Coyner Crop Dusters v. Marsh, 91 Ariz. 371, 374 , 372 P.2d 708, 710 (1962); * * there can be no recovery * * * ’ ” Alires v. Southern Pacific Company, 93 Ariz. 97, 104 , 378 P.2d 913, 916 (1963); and “ ' * * under such circumstances the law requires you to and it is your duty to return a verdict | 1 | 1 |
Trojanovich v. Marshallgreen2 sentences1966The following language has been condemned: “ ‘ * * * if [the plaintiff is contributorily negligent] * * * then it is your sworn duty to return a verdict for the defendants,’ ” and “ ‘ * * if [the plaintiff is contributorily negligent] * * * then you are instructed to find in favor of the defendants,’ ” Coyner Crop Dusters v. Marsh, 91 Ariz. 371, 374 , 372 P.2d 708, 710 (1962); * * there can be no recovery * * * ’ ” Alires v. Southern Pacific Company, 93 Ariz. 97, 104 , 378 P.2d 913, 916 (1963); and “ ' * * under such circumstances the law requires you to and it is your duty to return a verdict 1966The following language has been condemned: “ ‘ * * * if [the plaintiff is contributorily negligent] * * * then it is your sworn duty to return a verdict for the defendants,’ ” and “ ‘ * * if [the plaintiff is contributorily negligent] * * * then you are instructed to find in favor of the defendants,’ ” Coyner Crop Dusters v. Marsh, 91 Ariz. 371, 374 , 372 P.2d 708, 710 (1962); * * there can be no recovery * * * ’ ” Alires v. Southern Pacific Company, 93 Ariz. 97, 104 , 378 P.2d 913, 916 (1963); and “ ' * * under such circumstances the law requires you to and it is your duty to return a verdict | 1 | 1 |
Coyner Crop Dusters v. Marshgreen2 sentences1966The following language has been condemned: “ ‘ * * * if [the plaintiff is contributorily negligent] * * * then it is your sworn duty to return a verdict for the defendants,’ ” and “ ‘ * * if [the plaintiff is contributorily negligent] * * * then you are instructed to find in favor of the defendants,’ ” Coyner Crop Dusters v. Marsh, 91 Ariz. 371, 374 , 372 P.2d 708, 710 (1962); * * there can be no recovery * * * ’ ” Alires v. Southern Pacific Company, 93 Ariz. 97, 104 , 378 P.2d 913, 916 (1963); and “ ' * * under such circumstances the law requires you to and it is your duty to return a verdict 1966The following language has been condemned: “ ‘ * * * if [the plaintiff is contributorily negligent] * * * then it is your sworn duty to return a verdict for the defendants,’ ” and “ ‘ * * if [the plaintiff is contributorily negligent] * * * then you are instructed to find in favor of the defendants,’ ” Coyner Crop Dusters v. Marsh, 91 Ariz. 371, 374 , 372 P.2d 708, 710 (1962); * * there can be no recovery * * * ’ ” Alires v. Southern Pacific Company, 93 Ariz. 97, 104 , 378 P.2d 913, 916 (1963); and “ ' * * under such circumstances the law requires you to and it is your duty to return a verdict | 1 | 1 |
Mantovani v. Greengreen2 sentences1966The reason for upholding the refusal of such an instruction was stated in terse but enigmatic language: “Such instruction would have been inappropriate.” 1 ( 90 Ariz. 376, 378 , 368 P.2d 448, 450 (1962)). *153 Subsequent decisions have condemned particular language mandating verdict for the defendant. 1966The reason for upholding the refusal of such an instruction was stated in terse but enigmatic language: “Such instruction would have been inappropriate.” 1 ( 90 Ariz. 376, 378 , 368 P.2d 448, 450 (1962)). *153 Subsequent decisions have condemned particular language mandating verdict for the defendant. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Larry Esdaille
green
1 sentence1997The refusal was not error because the exemplar had limited probative value given the ease with which an accent can be feigned. 769 F.2d at 107 . | 1 | 1997–1997 |
Campbell v. Superior Court
green
2 sentences1992We agree with the court in Bush v. Bright, [ 264 Cal. App.2d 788, 789 , 71 Cal.Rptr. 123, 124 (1968)] that the “obvious reason for ac *215 quiescence in the refusal of such a test by a person who as a matter of law is ‘deemed to have given his consent’ is to avoid the violence which would often attend forcible tests upon recalcitrant inebriates.” 106 Ariz. at 549 , 479 P.2d at 692 . 1992We agree with the court in Bush v. Bright, [ 264 Cal. App.2d 788, 789 , 71 Cal.Rptr. 123, 124 (1968)] that the “obvious reason for ac *215 quiescence in the refusal of such a test by a person who as a matter of law is ‘deemed to have given his consent’ is to avoid the violence which would often attend forcible tests upon recalcitrant inebriates.” 106 Ariz. at 549 , 479 P.2d at 692 . | 1 | 1992–1992 |
Pacific Insurance Company of New York v. Frank
green
1 sentence1989Pacific Insurance Co. of New York v. Frank, 452 P.2d 794 (Okla.1969); Tokarz v. Ford Motor Co., 8 Wash.App. 645 , 508 P.2d 1370 (1973). | 1 | 1989–1989 |
Tokarz v. Ford Motor Co.
neutral
2 sentences1989Pacific Insurance Co. of New York v. Frank, 452 P.2d 794 (Okla.1969); Tokarz v. Ford Motor Co., 8 Wash.App. 645 , 508 P.2d 1370 (1973). 1989Pacific Insurance Co. of New York v. Frank, 452 P.2d 794 (Okla.1969); Tokarz v. Ford Motor Co., 8 Wash.App. 645 , 508 P.2d 1370 (1973). | 1 | 1989–1989 |
State v. Trenary
green
2 sentences1978A person who molests a child under the age of fifteen years by fondling, playing with, or touching the private parts of such child, or who causes a child under the age of fifteen years to fondle, play with, or touch the private parts of such person, is guilty of the crime of molestation of a child.” The court refused an instruction offered by appellant which contained as an additional element: “[wjhere said fondling, playing or touching is caused by unnatural or abnormal sexual interest or intentions with respect to children.” Appellant, in objecting to the refusal of the instruction and on ap 1978A person who molests a child under the age of fifteen years by fondling, playing with, or touching the private parts of such child, or who causes a child under the age of fifteen years to fondle, play with, or touch the private parts of such person, is guilty of the crime of molestation of a child.” The court refused an instruction offered by appellant which contained as an additional element: “[wjhere said fondling, playing or touching is caused by unnatural or abnormal sexual interest or intentions with respect to children.” Appellant, in objecting to the refusal of the instruction and on ap | 1 | 1978–1978 |
State v. Stinson
green
2 sentences1978A person who molests a child under the age of fifteen years by fondling, playing with, or touching the private parts of such child, or who causes a child under the age of fifteen years to fondle, play with, or touch the private parts of such person, is guilty of the crime of molestation of a child.” The court refused an instruction offered by appellant which contained as an additional element: “[wjhere said fondling, playing or touching is caused by unnatural or abnormal sexual interest or intentions with respect to children.” Appellant, in objecting to the refusal of the instruction and on ap 1978A person who molests a child under the age of fifteen years by fondling, playing with, or touching the private parts of such child, or who causes a child under the age of fifteen years to fondle, play with, or touch the private parts of such person, is guilty of the crime of molestation of a child.” The court refused an instruction offered by appellant which contained as an additional element: “[wjhere said fondling, playing or touching is caused by unnatural or abnormal sexual interest or intentions with respect to children.” Appellant, in objecting to the refusal of the instruction and on ap | 1 | 1978–1978 |
People v. Pallares
green
1 sentence1978In both Berry and Stinson , attacks on the statute for vagueness were rejected with a reference to the following language from Trenary , quoting in turn from People v. Pallares, 112 Cal.App.2d Supp. 895 , 246 P.2d 173 (1952): “ ‘When the words annoy or molest are used in reference to offenses against children, there is a connotation of abnormal sexual motivation on the part of the offender. | 1 | 1978–1978 |
People v. Pallares
green
1 sentence1978In both Berry and Stinson , attacks on the statute for vagueness were rejected with a reference to the following language from Trenary , quoting in turn from People v. Pallares, 112 Cal.App.2d Supp. 895 , 246 P.2d 173 (1952): “ ‘When the words annoy or molest are used in reference to offenses against children, there is a connotation of abnormal sexual motivation on the part of the offender. | 1 | 1978–1978 |
State v. Berry
green
2 sentences1978A person who molests a child under the age of fifteen years by fondling, playing with, or touching the private parts of such child, or who causes a child under the age of fifteen years to fondle, play with, or touch the private parts of such person, is guilty of the crime of molestation of a child.” The court refused an instruction offered by appellant which contained as an additional element: “[wjhere said fondling, playing or touching is caused by unnatural or abnormal sexual interest or intentions with respect to children.” Appellant, in objecting to the refusal of the instruction and on ap 1978A person who molests a child under the age of fifteen years by fondling, playing with, or touching the private parts of such child, or who causes a child under the age of fifteen years to fondle, play with, or touch the private parts of such person, is guilty of the crime of molestation of a child.” The court refused an instruction offered by appellant which contained as an additional element: “[wjhere said fondling, playing or touching is caused by unnatural or abnormal sexual interest or intentions with respect to children.” Appellant, in objecting to the refusal of the instruction and on ap | 1 | 1978–1978 |
Hash v. State of Arizona
green
2 sentences1977It was stated therein, however, that if the proposed instructions were covered by the instructions actually given by the court, the refusal was not error. 48 Ariz. at 58 , 59 P.2d at 311 . 1977It was stated therein, however, that if the proposed instructions were covered by the instructions actually given by the court, the refusal was not error. 48 Ariz. at 58 , 59 P.2d at 311 . | 1 | 1977–1977 |
State v. Michael
green
2 sentences1972State v. Michael, 103 Ariz. 46 , 436 P.2d 595 (1968). 1972State v. Michael, 103 Ariz. 46 , 436 P.2d 595 (1968). | 1 | 1972–1972 |
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.