identification instruction (Arizona) · Go Syfert
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identification instruction in Arizona

8 Arizona opinions name it 2 courts 1970–2026 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 (9)

CaseFollowedCited
State v. Williamsgreen
ariz · 1985 · cited in 3 Arizona opinions naming this issue, 2016–2016
2 sentences

2016See Biggers, 409 U.S. at 199-200 ; Manson v. Brathwaite, 432 U.S. 98, 114 (1977); State v. Williams, 144 Ariz. 433, 440 (1985) (reciting the Biggers factors as those to “be examined in determining reliability” of a suggestive identification); State v. Goudeau, 239 Ariz. 421, 454, ¶ 132 (2016) (same); State v. Dessureault, 104 Ariz. 380, 384 (1969) (requiring an identification instruction upon request when court has found pretrial procedure was unduly suggestive, but proposed in-court identification was nevertheless reliable); State Bar of Arizona, RAJI Std.

2016See Biggers, 409 U.S. at 199-200 ; Manson v. Brathwaite, 432 U.S. 98, 114 (1977); State v. Williams, 144 Ariz. 433, 440 (1985) (reciting the Biggers factors as those to “be examined in determining reliability” of a suggestive identification); State v. Goudeau, 239 Ariz. 421, 454, ¶ 132 (2016) (same); State v. Dessureault, 104 Ariz. 380, 384 (1969) (requiring an identification instruction upon request when court has found pretrial procedure was unduly suggestive, but proposed in-court identification was nevertheless reliable); State Bar of Arizona, RAJI Std.

33
Neil v. Biggersgreen
scotus · 1972 · cited in 3 Arizona opinions naming this issue, 2016–2016
2 sentences

2016See Biggers, 409 U.S. at 199-200 ; Manson v. Brathwaite, 432 U.S. 98, 114 (1977); State v. Williams, 144 Ariz. 433, 440 (1985) (reciting the Biggers factors as those to “be examined in determining reliability” of a suggestive identification); State v. Goudeau, 239 Ariz. 421, 454, ¶ 132 (2016) (same); State v. Dessureault, 104 Ariz. 380, 384 (1969) (requiring an identification instruction upon request when court has found pretrial procedure was unduly suggestive, but proposed in-court identification was nevertheless reliable); State Bar of Arizona, RAJI Std.

2016See Biggers, 409 U.S. at 199-200 ; Manson v. Brathwaite, 432 U.S. 98, 114 (1977); State v. Williams, 144 Ariz. 433, 440 (1985) (reciting the Biggers factors as those to “be examined in determining reliability” of a suggestive identification); State v. Goudeau, 239 Ariz. 421, 454, ¶ 132 (2016) (same); State v. Dessureault, 104 Ariz. 380, 384 (1969) (requiring an identification instruction upon request when court has found pretrial procedure was unduly suggestive, but proposed in-court identification was nevertheless reliable); State Bar of Arizona, RAJI Std.

33
Manson v. Brathwaitegreen
scotus · 1977 · cited in 3 Arizona opinions naming this issue, 2016–2016
2 sentences

2016See Biggers, 409 U.S. at 199-200 ; Manson v. Brathwaite, 432 U.S. 98, 114 (1977); State v. Williams, 144 Ariz. 433, 440 (1985) (reciting the Biggers factors as those to “be examined in determining reliability” of a suggestive identification); State v. Goudeau, 239 Ariz. 421, 454, ¶ 132 (2016) (same); State v. Dessureault, 104 Ariz. 380, 384 (1969) (requiring an identification instruction upon request when court has found pretrial procedure was unduly suggestive, but proposed in-court identification was nevertheless reliable); State Bar of Arizona, RAJI Std.

2016See Biggers, 409 U.S. at 199-200 ; Manson v. Brathwaite, 432 U.S. 98, 114 (1977); State v. Williams, 144 Ariz. 433, 440 (1985) (reciting the Biggers factors as those to “be examined in determining reliability” of a suggestive identification); State v. Goudeau, 239 Ariz. 421, 454, ¶ 132 (2016) (same); State v. Dessureault, 104 Ariz. 380, 384 (1969) (requiring an identification instruction upon request when court has found pretrial procedure was unduly suggestive, but proposed in-court identification was nevertheless reliable); State Bar of Arizona, RAJI Std.

33
State v. Dessureaultgreen
ariz · 1969 · cited in 3 Arizona opinions naming this issue, 2016–2016
2 sentences

2016See Biggers, 409 U.S. at 199-200 ; Manson v. Brathwaite, 432 U.S. 98, 114 (1977); State v. Williams, 144 Ariz. 433, 440 (1985) (reciting the Biggers factors as those to “be examined in determining reliability” of a suggestive identification); State v. Goudeau, 239 Ariz. 421, 454, ¶ 132 (2016) (same); State v. Dessureault, 104 Ariz. 380, 384 (1969) (requiring an identification instruction upon request when court has found pretrial procedure was unduly suggestive, but proposed in-court identification was nevertheless reliable); State Bar of Arizona, RAJI Std.

2016See Biggers, 409 U.S. at 199-200 ; Manson v. Brathwaite, 432 U.S. 98, 114 (1977); State v. Williams, 144 Ariz. 433, 440 (1985) (reciting the Biggers factors as those to “be examined in determining reliability” of a suggestive identification); State v. Goudeau, 239 Ariz. 421, 454, ¶ 132 (2016) (same); State v. Dessureault, 104 Ariz. 380, 384 (1969) (requiring an identification instruction upon request when court has found pretrial procedure was unduly suggestive, but proposed in-court identification was nevertheless reliable); State Bar of Arizona, RAJI Std.

33
State of Arizona v. Mark Goudeaugreen
ariz · 2016 · cited in 3 Arizona opinions naming this issue, 2016–2016
2 sentences

2016See Biggers, 409 U.S. at 199-200 ; Manson v. Brathwaite, 432 U.S. 98, 114 (1977); State v. Williams, 144 Ariz. 433, 440 (1985) (reciting the Biggers factors as those to “be examined in determining reliability” of a suggestive identification); State v. Goudeau, 239 Ariz. 421, 454, ¶ 132 (2016) (same); State v. Dessureault, 104 Ariz. 380, 384 (1969) (requiring an identification instruction upon request when court has found pretrial procedure was unduly suggestive, but proposed in-court identification was nevertheless reliable); State Bar of Arizona, RAJI Std.

2016See Biggers, 409 U.S. at 199-200 ; Manson v. Brathwaite, 432 U.S. 98, 114 (1977); State v. Williams, 144 Ariz. 433, 440 (1985) (reciting the Biggers factors as those to “be examined in determining reliability” of a suggestive identification); State v. Goudeau, 239 Ariz. 421, 454, ¶ 132 (2016) (same); State v. Dessureault, 104 Ariz. 380, 384 (1969) (requiring an identification instruction upon request when court has found pretrial procedure was unduly suggestive, but proposed in-court identification was nevertheless reliable); State Bar of Arizona, RAJI Std.

33
Pennsylvania v. Ritchiegreen
scotus · 1987 · cited in 1 Arizona opinions naming this issue, 2021–2021
1 sentence

2021To determine whether a prejudicial error occurred, “we may consider the jury instructions as given, the evidence at trial, the parties’ theories, and the parties’ arguments to the jury.” State v. Felix, 237 Ariz. 280, 285, ¶ 16 (App. 2015); see Pennsylvania v. Ritchie, 480 U.S. 39 , 52–53 (1987) (holding the right to confrontation usually is satisfied “if defense counsel receives wide latitude at trial to question witnesses”). 7 STATE v. RICCI Decision of the Court ¶22 Here, Ricci requested the court to modify the identification instruction to include language informing the jury that eyewitnes

11
State v. Felixgreen
arizctapp · 2015 · cited in 1 Arizona opinions naming this issue, 2021–2021
1 sentence

2021To determine whether a prejudicial error occurred, “we may consider the jury instructions as given, the evidence at trial, the parties’ theories, and the parties’ arguments to the jury.” State v. Felix, 237 Ariz. 280, 285, ¶ 16 (App. 2015); see Pennsylvania v. Ritchie, 480 U.S. 39 , 52–53 (1987) (holding the right to confrontation usually is satisfied “if defense counsel receives wide latitude at trial to question witnesses”). 7 STATE v. RICCI Decision of the Court ¶22 Here, Ricci requested the court to modify the identification instruction to include language informing the jury that eyewitnes

11
State of Arizona v. Powersgreen
arizctapp · 2001 · cited in 1 Arizona opinions naming this issue, 2014–2014
2 sentences

2014Facts and Procedural History ¶2 “We view the facts and all reasonable inferences therefrom in the light most favorable to sustaining the convictions.” State v. Powers, 200 Ariz. 123, 124, ¶ 2 , 23 P.3d 668, 669 (App. 2001).

2014Facts and Procedural History ¶2 “We view the facts and all reasonable inferences therefrom in the light most favorable to sustaining the convictions.” State v. Powers, 200 Ariz. 123, 124, ¶ 2 , 23 P.3d 668, 669 (App. 2001).

11
State v. Taylorgreen
ariz · 1965 · cited in 1 Arizona opinions naming this issue, 1978–1978
2 sentences

1978And, it was noted in State v. Taylor, 99 Ariz. 151, 153 , 407 P.2d 106, 107 (1965), that the Arizona courts do follow the modern rule outlined in Gilbert “. . . that an identification made prior to the trial is of greater significance than one made in the courtroom, and that testimony of one who has observed such an incident is fully admissible.” As Justice Traynor wrote in People v. Gould, 54 Cal.2d 621 , 7 Cal.Rptr. 273 , 354 P.2d 865 (1960): “. . . evidence of an extra-judicial identification is admitted regardless of whether the testimonial identification is impeached, because the earlier

1978And, it was noted in State v. Taylor, 99 Ariz. 151, 153 , 407 P.2d 106, 107 (1965), that the Arizona courts do follow the modern rule outlined in Gilbert “. . . that an identification made prior to the trial is of greater significance than one made in the courtroom, and that testimony of one who has observed such an incident is fully admissible.” As Justice Traynor wrote in People v. Gould, 54 Cal.2d 621 , 7 Cal.Rptr. 273 , 354 P.2d 865 (1960): “. . . evidence of an extra-judicial identification is admitted regardless of whether the testimonial identification is impeached, because the earlier

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 (5)

CaseCitedYears
Talley v. California green
scotus · 1960
1 sentence

2026Anonymous pamphlets, leaflets, brochures and even books have played an important role in the progress of mankind.” Talley, 362 U.S. at 60–61, 63–65.

12026–2026
State v. Kevil green
ariz · 1974
2 sentences

1978The recent trend, however, is to admit the prior identification under the exception that admits as substantive evidence a prior communication by a witness who is available for cross-examination at trial. . . .’” 111 Ariz. at 245 , 527 P.2d at 290 .

1978The recent trend, however, is to admit the prior identification under the exception that admits as substantive evidence a prior communication by a witness who is available for cross-examination at trial. . . .’” 111 Ariz. at 245 , 527 P.2d at 290 .

11978–1978
People v. Gould green
cal · 1960
1 sentence

1978And, it was noted in State v. Taylor, 99 Ariz. 151, 153 , 407 P.2d 106, 107 (1965), that the Arizona courts do follow the modern rule outlined in Gilbert “. . . that an identification made prior to the trial is of greater significance than one made in the courtroom, and that testimony of one who has observed such an incident is fully admissible.” As Justice Traynor wrote in People v. Gould, 54 Cal.2d 621 , 7 Cal.Rptr. 273 , 354 P.2d 865 (1960): “. . . evidence of an extra-judicial identification is admitted regardless of whether the testimonial identification is impeached, because the earlier

11978–1978
People v. Gould green
cal · 1960
2 sentences

1978And, it was noted in State v. Taylor, 99 Ariz. 151, 153 , 407 P.2d 106, 107 (1965), that the Arizona courts do follow the modern rule outlined in Gilbert “. . . that an identification made prior to the trial is of greater significance than one made in the courtroom, and that testimony of one who has observed such an incident is fully admissible.” As Justice Traynor wrote in People v. Gould, 54 Cal.2d 621 , 7 Cal.Rptr. 273 , 354 P.2d 865 (1960): “. . . evidence of an extra-judicial identification is admitted regardless of whether the testimonial identification is impeached, because the earlier

1978And, it was noted in State v. Taylor, 99 Ariz. 151, 153 , 407 P.2d 106, 107 (1965), that the Arizona courts do follow the modern rule outlined in Gilbert “. . . that an identification made prior to the trial is of greater significance than one made in the courtroom, and that testimony of one who has observed such an incident is fully admissible.” As Justice Traynor wrote in People v. Gould, 54 Cal.2d 621 , 7 Cal.Rptr. 273 , 354 P.2d 865 (1960): “. . . evidence of an extra-judicial identification is admitted regardless of whether the testimonial identification is impeached, because the earlier

11978–1978
State v. Brady green
ariz · 1969
2 sentences

1970State v. Brady, 105 Ariz. 190 , 461 P.2d 488 (1969).

1970State v. Brady, 105 Ariz. 190 , 461 P.2d 488 (1969).

11970–1970

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 13-708 (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

NY 44 (1909–2018) MA 32 (1975–2023) NJ 29 (1977–2026) IL 26 (1970–2025) DC 26 (1975–2015) CA 22 (1968–2025) MS 15 (1988–2020) TX 12 (1981–2025) MD 11 (1982–2020) LA 10 (1968–2010) OH 10 (1905–2008) TN 10 (1994–2019) PA 9 (1968–2025) MO 9 (1981–2015) FL 8 (1978–2019) AZ 8 (1970–2026) SC 6 (1992–2013) WA 6 (1952–2021) VA 6 (1975–2026) CT 6 (1983–2018) WV 5 (1980–1987) DE 5 (2016–2023) ID 5 (1989–2020) WI 4 (1979–1996) MN 4 (2013–2015) HI 4 (1971–2014) IN 4 (1922–2025) MI 4 (1933–2020) GA 4 (1975–1994) NC 4 (1980–2021) WY 4 (1971–2025) OR 4 (1977–2009) AK 3 (1980–2006) UT 2 (1981–2001) KY 2 (2005–2010) SD 2 (1992–2025) ND 2 (1973–2021)

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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