7 Arizona opinions name it 2 courts 1966–2022 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 |
|---|---|---|
Edwards v. Board of Supervisorsgreen2 sentences2014See Edwards, 224 Ariz. at 222, ¶ 9 , 229 P.3d at 234 . 2014See Edwards, 224 Ariz. at 222, ¶ 9 , 229 P.3d at 234 . | 1 | 1 |
State v. Delgaritogreen2 sentences2008The restriction in subsection B of the statute does not, however, bar an appeal from a post-judgment order when the issue raised is “not one that effectively challenges the plea agreement or sentence.” State v. Delgarito, 189 Ariz. 58, 59 , 938 P.2d 107, 108 (App.1997). ¶ 7 Soriano argues we have jurisdiction because his appeal of the denial of his motion “is not an attempt to challenge the original judgment or sentence.” He relies on Delgarito for the proposition that a defendant may directly appeal from a trial court’s designation of an open-ended offense as a felony because it is an order a 2008The restriction in subsection B of the statute does not, however, bar an appeal from a post-judgment order when the issue raised is “not one that effectively challenges the plea agreement or sentence.” State v. Delgarito, 189 Ariz. 58, 59 , 938 P.2d 107, 108 (App.1997). ¶ 7 Soriano argues we have jurisdiction because his appeal of the denial of his motion “is not an attempt to challenge the original judgment or sentence.” He relies on Delgarito for the proposition that a defendant may directly appeal from a trial court’s designation of an open-ended offense as a felony because it is an order a | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. McCurdy
green
2 sentences2002Although the state has identified a distinction, we believe Morgan's argument below sufficiently presented the issue to the trial court, and we thus review it. *464 ¶ 11 Morgan contends that an attempt is a lesser-included offense of the completed offense, relying on State v. McCurdy, 15 Ariz.App. 227 , 487 P.2d 764 (1971). 2002Although the state has identified a distinction, we believe Morgan's argument below sufficiently presented the issue to the trial court, and we thus review it. *464 ¶ 11 Morgan contends that an attempt is a lesser-included offense of the completed offense, relying on State v. McCurdy, 15 Ariz.App. 227 , 487 P.2d 764 (1971). | 2 | 2002–2002 |
State v. Stroud
green
1 sentence2022ALLEN Opinion of the Court ¶99 “View[ing] the facts in the light most favorable to sustaining the jury verdict and resolving all inferences against [the defendant],” Stroud, 209 Ariz. at 412 ¶ 6, the record contains substantial evidence to support Sammantha’s conviction on Count 3, as an equally culpable participant. | 1 | 2022–2022 |
People v. Jones
green
2 sentences1983See State v. McAlvain, supra; People v. Welch, 8 Cal.3d 106 , 104 Cal.Rptr. 217 , 501 P.2d 225 (1972); cf. Rizzuto v. State, supra (failure to define “sexual contact,” which is specifically defined by statute, did not prejudice defendant because it has an ordinary meaning that is tracked by the statute); People v. McGhee, 67 Mich.App. 12 , 239 N.W.2d 741 (1976) (failure to instruct on underlying felony is not error where there is no doubt that killing occurred in course of felony); People v. Jones, 66 Mich.App. 223 , 238 N.W.2d 813 (1975) (failure to instruct on underlying felony is not error 1983See State v. McAlvain, supra; People v. Welch, 8 Cal.3d 106 , 104 Cal.Rptr. 217 , 501 P.2d 225 (1972); cf. Rizzuto v. State, supra (failure to define “sexual contact,” which is specifically defined by statute, did not prejudice defendant because it has an ordinary meaning that is tracked by the statute); People v. McGhee, 67 Mich.App. 12 , 239 N.W.2d 741 (1976) (failure to instruct on underlying felony is not error where there is no doubt that killing occurred in course of felony); People v. Jones, 66 Mich.App. 223 , 238 N.W.2d 813 (1975) (failure to instruct on underlying felony is not error | 1 | 1983–1983 |
People v. Welch
green
2 sentences1983See State v. McAlvain, supra; People v. Welch, 8 Cal.3d 106 , 104 Cal.Rptr. 217 , 501 P.2d 225 (1972); cf. Rizzuto v. State, supra (failure to define “sexual contact,” which is specifically defined by statute, did not prejudice defendant because it has an ordinary meaning that is tracked by the statute); People v. McGhee, 67 Mich.App. 12 , 239 N.W.2d 741 (1976) (failure to instruct on underlying felony is not error where there is no doubt that killing occurred in course of felony); People v. Jones, 66 Mich.App. 223 , 238 N.W.2d 813 (1975) (failure to instruct on underlying felony is not error 1983See State v. McAlvain, supra; People v. Welch, 8 Cal.3d 106 , 104 Cal.Rptr. 217 , 501 P.2d 225 (1972); cf. Rizzuto v. State, supra (failure to define “sexual contact,” which is specifically defined by statute, did not prejudice defendant because it has an ordinary meaning that is tracked by the statute); People v. McGhee, 67 Mich.App. 12 , 239 N.W.2d 741 (1976) (failure to instruct on underlying felony is not error where there is no doubt that killing occurred in course of felony); People v. Jones, 66 Mich.App. 223 , 238 N.W.2d 813 (1975) (failure to instruct on underlying felony is not error | 1 | 1983–1983 |
People v. McGhee
green
2 sentences1983See State v. McAlvain, supra; People v. Welch, 8 Cal.3d 106 , 104 Cal.Rptr. 217 , 501 P.2d 225 (1972); cf. Rizzuto v. State, supra (failure to define “sexual contact,” which is specifically defined by statute, did not prejudice defendant because it has an ordinary meaning that is tracked by the statute); People v. McGhee, 67 Mich.App. 12 , 239 N.W.2d 741 (1976) (failure to instruct on underlying felony is not error where there is no doubt that killing occurred in course of felony); People v. Jones, 66 Mich.App. 223 , 238 N.W.2d 813 (1975) (failure to instruct on underlying felony is not error 1983See State v. McAlvain, supra; People v. Welch, 8 Cal.3d 106 , 104 Cal.Rptr. 217 , 501 P.2d 225 (1972); cf. Rizzuto v. State, supra (failure to define “sexual contact,” which is specifically defined by statute, did not prejudice defendant because it has an ordinary meaning that is tracked by the statute); People v. McGhee, 67 Mich.App. 12 , 239 N.W.2d 741 (1976) (failure to instruct on underlying felony is not error where there is no doubt that killing occurred in course of felony); People v. Jones, 66 Mich.App. 223 , 238 N.W.2d 813 (1975) (failure to instruct on underlying felony is not error | 1 | 1983–1983 |
Ellison v. Industrial Commission
neutral
2 sentences1966“The effect of petitioner’s final application, which is in the form of a report on her physical condition and a demand for allowance of compensation since the commission terminated the same in 1948, is an attempt to test the legality of the commission’s actions, without compliance with the provisions of Section 56-972, A.C.A. 1939. [23-951 A.R.S.].” Ellison v. Industrial Commission, 75 Ariz. 374 at 375 , 257 P.2d 391 (1953). 1966“The effect of petitioner’s final application, which is in the form of a report on her physical condition and a demand for allowance of compensation since the commission terminated the same in 1948, is an attempt to test the legality of the commission’s actions, without compliance with the provisions of Section 56-972, A.C.A. 1939. [23-951 A.R.S.].” Ellison v. Industrial Commission, 75 Ariz. 374 at 375 , 257 P.2d 391 (1953). | 1 | 1966–1966 |
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.
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.