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8 Arizona opinions name it 2 courts 1952–2014 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.
| Case | Followed | Cited |
|---|---|---|
State v. Zaragozagreen2 sentences2014“It is the rare case in which an improper instruction will justify reversal of a criminal conviction when no objection has been made in the trial court.” State v. Zaragoza, 135 Ariz. 63, 66 , 659 P.2d 22, 25 (1983). 2014“It is the rare case in which an improper instruction will justify reversal of a criminal conviction when no objection has been made in the trial court.” State v. Zaragoza, 135 Ariz. 63, 66 , 659 P.2d 22, 25 (1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ellison v. Schuster
green
2 sentences1952In re Schuster’s Estate, 35 Ariz. 457 , 281 P. 38, 43 , this court said: “It is also the rule on appeal that we will assume the trial court found every fact necessary to support its orders and judgment, and that every conflict in the testimony will be resolved in favor of such findings, actual or presumed.” (Citing cases.) The above-quoted rule is well settled in this and many other jurisdictions and we see no reason to deviate from it, for to do so would be to put ourselves in the position of the trier of the fact. 1952In re Schuster’s Estate, 35 Ariz. 457 , 281 P. 38, 43 , this court said: “It is also the rule on appeal that we will assume the trial court found every fact necessary to support its orders and judgment, and that every conflict in the testimony will be resolved in favor of such findings, actual or presumed.” (Citing cases.) The above-quoted rule is well settled in this and many other jurisdictions and we see no reason to deviate from it, for to do so would be to put ourselves in the position of the trier of the fact. | 2 | 1952–1952 |
Ducksworth v. Towmotor Corp.
red
1 sentence1988Id. at 332, 736 P.2d at 815 . | 1 | 1988–1988 |
Phoenix Newspapers, Inc. v. Church
green
2 sentences1976In discussing the instruction, Justice Struckmeyer commented to the effect that, even in the absence of the questions created by the Times decision, the above instruction in and of itself constituted reversible error, stating: “. . . we would still be compelled to find reversible error in the light of the appellee’s requested instruction . . . . ” 103 Ariz. at 600 , 447 P.2d at 858 . 1976In discussing the instruction, Justice Struckmeyer commented to the effect that, even in the absence of the questions created by the Times decision, the above instruction in and of itself constituted reversible error, stating: “. . . we would still be compelled to find reversible error in the light of the appellee’s requested instruction . . . . ” 103 Ariz. at 600 , 447 P.2d at 858 . | 1 | 1976–1976 |
Spinelli v. United States
red
2 sentences1974A plurality of the court concluded that the above-quoted test was not met relying largely upon the proposition that the observations of the police and the verifications of the telephone numbers disclosed only innocent activity and could not support even a suggestion of criminal conduct. ( 393 U.S. at 418 , 89 S.Ct. at 590 , 12 L.Ed.2d at 645 ). 1974A plurality of the court concluded that the above-quoted test was not met relying largely upon the proposition that the observations of the police and the verifications of the telephone numbers disclosed only innocent activity and could not support even a suggestion of criminal conduct. ( 393 U.S. at 418 , 89 S.Ct. at 590 , 12 L.Ed.2d at 645 ). | 1 | 1974–1974 |
Aguilar v. Texas
red
1 sentence1974A plurality of the court concluded that the above-quoted test was not met relying largely upon the proposition that the observations of the police and the verifications of the telephone numbers disclosed only innocent activity and could not support even a suggestion of criminal conduct. ( 393 U.S. at 418 , 89 S.Ct. at 590 , 12 L.Ed.2d at 645 ). | 1 | 1974–1974 |
State v. Bearden
green
2 sentences1968A correct statement is found in State v. Bearden, 99 Ariz. 1 , 405 P.2d 885 (1965): “ * * * to warrant a conviction based solely upon circumstantial evidence, the evidence must not only be consistent with guilt, but inconsistent with every reasonable hypothesis of innocence. 1968A correct statement is found in State v. Bearden, 99 Ariz. 1 , 405 P.2d 885 (1965): “ * * * to warrant a conviction based solely upon circumstantial evidence, the evidence must not only be consistent with guilt, but inconsistent with every reasonable hypothesis of innocence. | 1 | 1968–1968 |
Wolfswinkel v. Southern Pacific Company
green
2 sentences1967The Supreme Court condemned the above-quoted instruction on the grounds that: “It is reversible error for a trial court to instruct that certain facts * * * constitute contributory negligence.” (Emphasis added.) 81 Ariz. at 306 , 305 P.2d at 450 . 1967The Supreme Court condemned the above-quoted instruction on the grounds that: “It is reversible error for a trial court to instruct that certain facts * * * constitute contributory negligence.” (Emphasis added.) 81 Ariz. at 306 , 305 P.2d at 450 . | 1 | 1967–1967 |
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.