Cota objection (Arizona) · Go Syfert
← Arizona issues

Cota objection in Arizona

6 Arizona opinions name it 2 courts 1983–2021 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 (8)

CaseFollowedCited
Matter of Guardianship of Mikrutgreen
arizctapp · 1993 · cited in 1 Arizona opinions naming this issue, 2021–2021
1 sentence

2021See id. ¶18 To begin, the superior court did not rely on any Mikrut presumption.

11
In Re the Guardianship and Conservatorship Of: Robert Sommergreen
arizctapp · 2016 · cited in 1 Arizona opinions naming this issue, 2021–2021
1 sentence

2021See In re Guardianship of Sommer, 241 Ariz. 308, 311, ¶ 10 (App. 2016) (“[T]he legislature did not intend to disallow an immediate appeal from an order establishing a conservatorship or guardianship and appointing a guardian or conservator.”).

11
Arizona Dept. of Public Safety v. Industrial Commissiongreen
arizctapp · 1992 · cited in 1 Arizona opinions naming this issue, 2014–2014
2 sentences

2014Comm’n, 170 Ariz. 275, 277 , 823 P.2d 1283, 1285 (App.1991) (“A failure to reply to arguments raised in an answering brief may justify a summary disposition of an appeal.”). ¶4 In any event, we would find no basis for relief on the merits of Cota’s claim.

2014Comm’n, 170 Ariz. 275, 277 , 823 P.2d 1283, 1285 (App.1991) (“A failure to reply to arguments raised in an answering brief may justify a summary disposition of an appeal.”). ¶4 In any event, we would find no basis for relief on the merits of Cota’s claim.

11
State v. Cotagreen
ariz · 2012 · cited in 1 Arizona opinions naming this issue, 2014–2014
2 sentences

2014Unlike the defendant in State v. Cota, on which Naranjo relies, the State was left with no fair opportunity to refute Dr. Wu’s conclusions. 229 Ariz. 136 ,149 ¶ 60, 272 P.3d 1027, 1040 (2012) (holding that the trial court properly denied Cota’s motion to preclude because “he had access to all relevant information” before cross-examining the witness).

2014Unlike the defendant in State v. Cota, on which Naranjo relies, the State was left with no fair opportunity to refute Dr. Wu’s conclusions. 229 Ariz. 136 ,149 ¶ 60, 272 P.3d 1027, 1040 (2012) (holding that the trial court properly denied Cota’s motion to preclude because “he had access to all relevant information” before cross-examining the witness).

11
State v. Garciagreen
ariz · 2010 · cited in 1 Arizona opinions naming this issue, 2012–2012
2 sentences

2012State v. Garcia, 224 Ariz. 1 , 16 ¶ 66, 226 P.3d 370, 385 (2010); State v. Trostle, 191 Ariz. 4, 12 , 951 P.2d 869, 877 (1997).

2012State v. Garcia, 224 Ariz. 1 , 16 ¶ 66, 226 P.3d 370, 385 (2010); State v. Trostle, 191 Ariz. 4, 12 , 951 P.2d 869, 877 (1997).

11
State v. Tuckergreen
ariz · 2007 · cited in 1 Arizona opinions naming this issue, 2012–2012
2 sentences

2012The court denied Cota’s motion for mistrial and offered a curative instruction, which Cota declined. ¶ 70 A mistrial is required when victim impact testimony is so “unduly prejudicial that it renders the trial fundamentally unfair.” State v. Tucker, 215 Ariz. 298 , 320 ¶ 92, 160 P.3d 177, 199 (2007).

2012The court denied Cota’s motion for mistrial and offered a curative instruction, which Cota declined. ¶ 70 A mistrial is required when victim impact testimony is so “unduly prejudicial that it renders the trial fundamentally unfair.” State v. Tucker, 215 Ariz. 298 , 320 ¶ 92, 160 P.3d 177, 199 (2007).

11
State v. Trostlegreen
ariz · 1997 · cited in 1 Arizona opinions naming this issue, 2012–2012
2 sentences

2012State v. Garcia, 224 Ariz. 1 , 16 ¶ 66, 226 P.3d 370, 385 (2010); State v. Trostle, 191 Ariz. 4, 12 , 951 P.2d 869, 877 (1997).

2012State v. Garcia, 224 Ariz. 1 , 16 ¶ 66, 226 P.3d 370, 385 (2010); State v. Trostle, 191 Ariz. 4, 12 , 951 P.2d 869, 877 (1997).

11
State v. McDanielred
ariz · 1983 · cited in 1 Arizona opinions naming this issue, 1983–1983
2 sentences

1983In addition to the views expressed in State v. Caldwell, supra, we have recently retreated from the Cota rule “insofar as [it suggests] an absolute right to call witnesses regardless of the fact that they may properly choose to invoke their fifth amendment privilege in response to all relevant questions.” State v. McDaniel, 136 Ariz. 188, 194 , 665 P.2d 70, 76 (1983) (emphasis in original) (defendant is not denied his sixth amendment right to compulsory process when he is precluded from calling a witness who intends to invoke the fifth amendment and who can legitimately refuse to answer questi

1983In addition to the views expressed in State v. Caldwell, supra, we have recently retreated from the Cota rule “insofar as [it suggests] an absolute right to call witnesses regardless of the fact that they may properly choose to invoke their fifth amendment privilege in response to all relevant questions.” State v. McDaniel, 136 Ariz. 188, 194 , 665 P.2d 70, 76 (1983) (emphasis in original) (defendant is not denied his sixth amendment right to compulsory process when he is precluded from calling a witness who intends to invoke the fifth amendment and who can legitimately refuse to answer questi

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 (1)

CaseCitedYears
State v. Karr green
arizctapp · 2008
1 sentence

2020State v. Karr, 221 Ariz. 319 , 320 ¶ 2 (App. 2008). 2 renewed motion to continue over Cota’s objection, resetting trial for later that month. ¶5 The second grand jury presentment then resulted in a new indictment, charging Cota with different offenses against the victim named in the original indictment.

12020–2020

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 13-4031 (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

AZ 6 (1983–2021) CA 3 (2020–2026) KS 2 (2015–2015)

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.

← Caselaw search · G Cite Topics · Brief Check