adverse inference jury instruction (Arizona) · Go Syfert
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adverse inference jury instruction in Arizona

6 Arizona opinions name it 1 courts 2013–2024 3 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 (2)

CaseFollowedCited
State of Arizona v. Robert Charles Glissendorfgreen
ariz · 2014 · cited in 2 Arizona opinions naming this issue, 2019–2021
2 sentences

2021State v. Glissendorf, 235 Ariz. 147, 150, ¶ 7 (2014). ¶26 Willits authorizes the trial court to provide an adverse- inference jury instruction “when the state loses or destroys evidence that would have been useful to the defense, even if that destruction is innocent.” Id.

2021State v. Glissendorf, 235 Ariz. 147, 150, ¶ 7 (2014). ¶26 Willits authorizes the trial court to provide an adverse- inference jury instruction “when the state loses or destroys evidence that would have been useful to the defense, even if that destruction is innocent.” Id.

22
McMurtry v. Weatherford Hotel, Inc.green
arizctapp · 2013 · cited in 1 Arizona opinions naming this issue, 2021–2021
1 sentence

2021See McMurtry v. Weatherford Hotel, Inc., 231 Ariz. 244, 260, ¶ 51 (App. 2013).

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 (3)

CaseCitedYears
State v. Willits green
ariz · 1964
2 sentences

2024He raised claims that the indictment was defective, he received an illegal sentence, the superior court improperly admitted other act evidence, the State withheld exculpatory evidence, the court should have given an adverse-inference jury instruction according to State v. Willits, 96 Ariz. 184 (1964), and his trial attorney provided ineffective assistance. ¶4 The superior court scheduled an evidentiary hearing on Beatte’s claim that his attorney provided ineffective assistance “as to the witnesses called at the trial and as to the closing arguments that were made.” The court summarily denied B

2019STARING, Presiding Judge: *35 ¶1 In this appeal from Pablo Isaac Hernandez's conviction for unlawful flight from a law enforcement vehicle, we conclude the trial court erred by not giving an adverse-inference jury instruction based on State v. Willits , 96 Ariz. 184 , 191, 393 P.2d 274 (1964). 1 We thus reverse Hernandez's conviction and remand for a new trial.

32019–2024
Smyser v. City of Peoria green
arizctapp · 2007
1 sentence

2021Decision of the Court “prejudiced the appellant’s substantial rights, and prejudice affirmatively appears in the record.” Id. (internal quotation omitted). ¶16 The adverse inference jury instruction correctly stated the law and the evidence at trial supported giving the instruction.

12021–2021
Patterson v. Thunder Pass, Inc. green
arizctapp · 2007
2 sentences

2013Relying on Patterson v. Thunder Pass, Inc., 214 Ariz. 435 , 153 P.3d 1064 (App.2007), the court granted summary judgment to the Hotel on McMurtry’s dram shop liability claim, finding the Hotel had discharged any duty it owed to Lucario by escorting her safely back to her room.

2013Relying on Patterson v. Thunder Pass, Inc., 214 Ariz. 435 , 153 P.3d 1064 (App.2007), the court granted summary judgment to the Hotel on McMurtry’s dram shop liability claim, finding the Hotel had discharged any duty it owed to Lucario by escorting her safely back to her room.

12013–2013

Where else courts name it

CA 6 (2013–2025) AZ 6 (2013–2024) IL 5 (2019–2023) WV 4 (1999–2018) NJ 4 (2001–2024) TX 3 (2007–2015) MI 3 (2021–2025) NY 3 (1986–2019) NM 2 (2020–2025) DE 2 (2021–2023) OH 2 (2017–2025) FL 2 (2004–2023) OK 2 (2019–2022)

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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