decision for fundamental error (Arizona) · Go Syfert
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decision for fundamental error in Arizona

6 Arizona opinions name it 2 courts 2013–2019 0 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 (7)

CaseFollowedCited
State v. Hendersongreen
ariz · 2005 · cited in 4 Arizona opinions naming this issue, 2013–2019
2 sentences

2019See State v. Henderson, 210 Ariz. 561, 567, ¶ 19 (2005) (citing State v. Bible, 175 Ariz. 549, 572 (1993)). 2 Absent material changes from the relevant date, we cite the current version of statutes and rules. 3 ¶6 “A trial judge is presumed to be free of bias and prejudice.” State v. Ramsey, 211 Ariz. 529, 541, ¶ 38 (App. 2005) (quoting State v. Hurley, 197 Ariz. 400, 404, ¶ 24 (App. 2000)).

2015State v. Henderson, 210 Ariz. 561, 567, ¶ 19 (2005). ¶23 A Willits instruction may be given when police “negligently fail to preserve potentially exculpatory evidence . . . permit[ting] the jury to infer that the evidence would have been exculpatory.” State v. Fulminante, 193 Ariz. 485, 503, ¶ 62 (1999).

44
State v. Hurleygreen
arizctapp · 2000 · cited in 1 Arizona opinions naming this issue, 2019–2019
1 sentence

2019See State v. Henderson, 210 Ariz. 561, 567, ¶ 19 (2005) (citing State v. Bible, 175 Ariz. 549, 572 (1993)). 2 Absent material changes from the relevant date, we cite the current version of statutes and rules. 3 ¶6 “A trial judge is presumed to be free of bias and prejudice.” State v. Ramsey, 211 Ariz. 529, 541, ¶ 38 (App. 2005) (quoting State v. Hurley, 197 Ariz. 400, 404, ¶ 24 (App. 2000)).

11
State v. Ramseygreen
arizctapp · 2005 · cited in 1 Arizona opinions naming this issue, 2019–2019
1 sentence

2019See State v. Henderson, 210 Ariz. 561, 567, ¶ 19 (2005) (citing State v. Bible, 175 Ariz. 549, 572 (1993)). 2 Absent material changes from the relevant date, we cite the current version of statutes and rules. 3 ¶6 “A trial judge is presumed to be free of bias and prejudice.” State v. Ramsey, 211 Ariz. 529, 541, ¶ 38 (App. 2005) (quoting State v. Hurley, 197 Ariz. 400, 404, ¶ 24 (App. 2000)).

11
State v. Biblegreen
ariz · 1993 · cited in 1 Arizona opinions naming this issue, 2019–2019
1 sentence

2019See State v. Henderson, 210 Ariz. 561, 567, ¶ 19 (2005) (citing State v. Bible, 175 Ariz. 549, 572 (1993)). 2 Absent material changes from the relevant date, we cite the current version of statutes and rules. 3 ¶6 “A trial judge is presumed to be free of bias and prejudice.” State v. Ramsey, 211 Ariz. 529, 541, ¶ 38 (App. 2005) (quoting State v. Hurley, 197 Ariz. 400, 404, ¶ 24 (App. 2000)).

11
State of Arizona v. Flythegreen
arizctapp · 2008 · cited in 1 Arizona opinions naming this issue, 2017–2017
1 sentence

2017State v. Flythe, 219 Ariz. 117, 119, ¶ 4 (App. 2008). ¶23 Leinaar asserts the "vast majority of trial time" was dedicated to presenting evidence that Stelljes set up and owned the business and the 7 STATE v. STELLJES Decision of the Court equipment that was seized; she argues this disparity unfairly "rubbed off" on her.

11
State v. Fulminantegreen
ariz · 1999 · cited in 1 Arizona opinions naming this issue, 2015–2015
1 sentence

2015State v. Henderson, 210 Ariz. 561, 567, ¶ 19 (2005). ¶23 A Willits instruction may be given when police “negligently fail to preserve potentially exculpatory evidence . . . permit[ting] the jury to infer that the evidence would have been exculpatory.” State v. Fulminante, 193 Ariz. 485, 503, ¶ 62 (1999).

11
State v. Gendrongreen
ariz · 1991 · cited in 1 Arizona opinions naming this issue, 2014–2014
2 sentences

2014See State v. Gendron, 168 Ariz. 153, 154 , 812 P.2d 626, 627 (1991).

2014See State v. Gendron, 168 Ariz. 153, 154 , 812 P.2d 626, 627 (1991).

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. Stuard green
ariz · 1993
2 sentences

2014And here, the evidence that Henderson may have had a general, as yet unrealized but inchoate, curiosity about anal sex did not show anything “so unusual and distinctive” as to constitute a “signature.” Stuard, 176 Ariz. at 597 , 863 P.2d at 889 . ¶22 Because Henderson did not object to the admission of evidence that he had an interest in anal sex for identity purposes, we review the court’s decision for fundamental error.

2014And here, the evidence that Henderson may have had a general, as yet unrealized but inchoate, curiosity about anal sex did not show anything “so unusual and distinctive” as to constitute a “signature.” Stuard, 176 Ariz. at 597 , 863 P.2d at 889 . ¶22 Because Henderson did not object to the admission of evidence that he had an interest in anal sex for identity purposes, we review the court’s decision for fundamental error.

12014–2014

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