cross-examination test (Arizona) · Go Syfert
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cross-examination test in Arizona

7 Arizona opinions name it 2 courts 1973–2023 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.

Followed or applied (4)

CaseFollowedCited
State v. Baileygreen
ariz · 1982 · cited in 1 Arizona opinions naming this issue, 2023–2023
1 sentence

2023The State is barred from intimating “that an expert is unethical or incompetent without properly admitted evidence to support it.” State v. Bailey, 132 Ariz. 472, 479 (1982).

11
United States v. Harry P. Casoni, A/K/A Pete Casonigreen
ca3 · 1992 · cited in 1 Arizona opinions naming this issue, 2000–2000
1 sentence

2000See McCormick, § 277 at 248; Weinstein, § 803.11[7][a], at 803-76; United States v. Casoni 950 F.2d 893, 896-97, 908-14 (3d Cir.1991). ¶ 18 These authorities highlight an anomaly under the strict view of admissibility adopted by the ALJ: Some documents would be excluded from Commission proceedings by the cross-examination rule but would be admissible in court under the presumably “stricter” legal rules of evidence.

11
United States v. Antonio Fernandez, Jorge Recarey, Mariano Villa Del Raygreen
ca11 · 1990 · cited in 1 Arizona opinions naming this issue, 1994–1994
2 sentences

1994But an oath alone “is an inadequate safeguard to meet the requirement ... that the statement have ‘equivalent circumstantial guarantees of trustworthiness’; otherwise, Congress could have dispensed with the cross-examination requirement codified in Rule 804(b)(1).” United States v. Fernandez, 892 F.2d 976, 981 (11th Cir.1989), cert. dismissed, 495 U.S. 944 , 110 S.Ct. 2201 , 109 L.Ed.2d 527 (1990).

1994Fernandez, 892 F.2d at 981 .

11
State v. Limpusgreen
arizctapp · 1981 · cited in 1 Arizona opinions naming this issue, 1990–1990
2 sentences

1990State v. Limpus, 128 Ariz. 371, 374 , 625 P.2d 960, 963 (App.1981). 2 However, a prosecutor who responds negatively to an argument by defense counsel in support of mitigation breaches a plea agreement to take no position on sentencing.

1990State v. Limpus, 128 Ariz. 371, 374 , 625 P.2d 960, 963 (App.1981). 2 However, a prosecutor who responds negatively to an argument by defense counsel in support of mitigation breaches a plea agreement to take no position on sentencing.

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 (7)

CaseCitedYears
In Re Zawada green
ariz · 2004
1 sentence

2023In Winston’s closing argument, he countered that the State used its “unlimited amount of resources” to investigate and prosecute this case. ¶26 Recognizing ethical limits to the State’s cross-examination of defense experts, our courts have found it improper for the State to “attack the expert with non-evidence, using irrelevant, insulting cross-examination and baseless argument designed to mislead the jury.” In re Zawada, 208 Ariz. 232, 237 , ¶¶ 14–16 (2004).

12023–2023
In Re the Appeal in Maricopa County Juvenile Action No. JD-561 green
ariz · 1981
2 sentences

2014By focusing on whether there are “sufficient in-dicia of reliability,” rather than a cross-examination right, Rule 45(E) accounts for the concern about “the risk that the procedures used will lead to erroneous decisions.” JD-561, 131 Ariz. at 27 , 638 P.2d at 694 .

2014By focusing on whether there are “sufficient in-dicia of reliability,” rather than a cross-examination right, Rule 45(E) accounts for the concern about “the risk that the procedures used will lead to erroneous decisions.” JD-561, 131 Ariz. at 27 , 638 P.2d at 694 .

12014–2014
Idaho v. Wright green
scotus · 1990
2 sentences

1994In Wright , the Supreme Court stated that “if the declarant’s truthfulness is so clear from the surrounding circumstances that the test of cross-examination would be of marginal utility, then the hearsay rule does not bar admission of the statement at trial.” Wright, 497 U.S. at 820 , 110 S.Ct. at 3149 .

1994In Wright , the Supreme Court stated that “if the declarant’s truthfulness is so clear from the surrounding circumstances that the test of cross-examination would be of marginal utility, then the hearsay rule does not bar admission of the statement at trial.” Wright, 497 U.S. at 820 , 110 S.Ct. at 3149 .

11994–1994
In re Disbarment of Hipp green
scotus · 1990
1 sentence

1994But an oath alone “is an inadequate safeguard to meet the requirement ... that the statement have ‘equivalent circumstantial guarantees of trustworthiness’; otherwise, Congress could have dispensed with the cross-examination requirement codified in Rule 804(b)(1).” United States v. Fernandez, 892 F.2d 976, 981 (11th Cir.1989), cert. dismissed, 495 U.S. 944 , 110 S.Ct. 2201 , 109 L.Ed.2d 527 (1990).

11994–1994
Recarey v. United States green
scotus · 1990
1 sentence

1994But an oath alone “is an inadequate safeguard to meet the requirement ... that the statement have ‘equivalent circumstantial guarantees of trustworthiness’; otherwise, Congress could have dispensed with the cross-examination requirement codified in Rule 804(b)(1).” United States v. Fernandez, 892 F.2d 976, 981 (11th Cir.1989), cert. dismissed, 495 U.S. 944 , 110 S.Ct. 2201 , 109 L.Ed.2d 527 (1990).

11994–1994
Luce v. United States green
scotus · 1984
2 sentences

1990Luce, 469 U.S. at 41-42 , 105 S.Ct. at 463 , 83 L.Ed.2d at 447-48 .

1990Luce, 469 U.S. at 41-42 , 105 S.Ct. at 463 , 83 L.Ed.2d at 447-48 .

11990–1990
Miranda v. Arizona green
scotus · 1966
2 sentences

1973In Harris, supra, the defendant gave statements to police under circumstances not conforming with the dictates of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , 10 A.L.R.3d 974 (1966).

1973In Harris, supra, the defendant gave statements to police under circumstances not conforming with the dictates of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , 10 A.L.R.3d 974 (1966).

11973–1973

Where else courts name it

NY 65 (1896–2024) TX 17 (1924–2020) IL 17 (1966–2025) MI 12 (1933–2024) CA 11 (1938–2022) FL 10 (1983–2019) PA 9 (1936–2019) RI 9 (1993–2021) CT 9 (1972–2020) AZ 7 (1973–2023) WA 6 (1910–2015) MA 6 (1978–2023) MO 5 (1973–2023) MD 5 (1983–2001) GA 5 (1983–2010) IN 5 (1989–2013) NM 4 (1998–2025) KY 4 (2013–2024) AL 4 (1954–1986) IA 4 (1949–2020) MS 4 (1990–1998) LA 4 (1953–2011) VA 4 (1922–2017) TN 3 (1922–1993) DC 3 (1976–2019) OH 3 (2004–2022) SC 3 (2004–2018) WI 2 (1994–2007) WY 2 (2008–2010) OK 2 (1975–2007) ME 2 (1985–2004) NC 2 (1997–2004)

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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