indictment defense (Arizona) · Go Syfert
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indictment defense in Arizona

6 Arizona opinions name it 2 courts 1975–2009 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 (4)

CaseFollowedCited
State v. Ramseygreen
arizctapp · 2005 · cited in 1 Arizona opinions naming this issue, 2009–2009
2 sentences

2009See, e.g., State v. Ramsey, 211 Ariz. 529, 533, ¶ 7 , 124 P.3d 756, 760 (App. 2005) (stating that the defendant had not specifically articulated how his defense was impaired or prejudiced by the amended indictment when his defense was that he did not commit the alleged acts). [9] ¶ 30 Based on the foregoing, the record supports finding that Appellant's constitutional rights, including his Sixth Amendment right to notice, were not violated, and he has not shown that his defense was prejudiced or hindered in any way by a lack of notice.

2009See, e.g., State v. Ramsey, 211 Ariz. 529, 533, ¶ 7 , 124 P.3d 756, 760 (App. 2005) (stating that the defendant had not specifically articulated how his defense was impaired or prejudiced by the amended indictment when his defense was that he did not commit the alleged acts). [9] ¶ 30 Based on the foregoing, the record supports finding that Appellant's constitutional rights, including his Sixth Amendment right to notice, were not violated, and he has not shown that his defense was prejudiced or hindered in any way by a lack of notice.

11
State v. Johnsongreen
arizctapp · 2000 · cited in 1 Arizona opinions naming this issue, 2009–2009
2 sentences

2009See generally Johnson, 198 Ariz. at 248, ¶ 8 , 8 P.3d at 1162 (stating that the appellant bears the burden of proving actual prejudice from an amendment); Delgado, 174 Ariz. at 255 , 848 P.2d at 340 . ¶ 31 Finally, Appellant notes that, in seeking amendment of the indictment, the State failed to comply with the time requirements set forth in Rule 16.1(b) of the Arizona Rules of Criminal Procedure.

2009See generally Johnson, 198 Ariz. at 248, ¶ 8 , 8 P.3d at 1162 (stating that the appellant bears the burden of proving actual prejudice from an amendment); Delgado, 174 Ariz. at 255 , 848 P.2d at 340 . ¶ 31 Finally, Appellant notes that, in seeking amendment of the indictment, the State failed to comply with the time requirements set forth in Rule 16.1(b) of the Arizona Rules of Criminal Procedure.

11
McKaney v. Foremangreen
ariz · 2004 · cited in 1 Arizona opinions naming this issue, 2006–2006
2 sentences

2006McKaney v. Foreman, 209 Ariz. 268 , 271-72 ¶¶ 16-17, 100 P.3d 18, 21-22 (2004).

2006McKaney v. Foreman, 209 Ariz. 268 , 271-72 ¶¶ 16-17, 100 P.3d 18, 21-22 (2004).

11
United States v. Allen Ray Jordangreen
ca9 · 2002 · cited in 1 Arizona opinions naming this issue, 2004–2004
2 sentences

2004See United States v. Jordan, 291 F.3d 1091, 1096 (9th Cir.2002).

2004See United States v. Jordan, 291 F.3d 1091, 1096 (9th Cir.2002).

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 (4)

CaseCitedYears
State v. Delgado green
arizctapp · 1993
2 sentences

2009See generally Johnson, 198 Ariz. at 248, ¶ 8 , 8 P.3d at 1162 (stating that the appellant bears the burden of proving actual prejudice from an amendment); Delgado, 174 Ariz. at 255 , 848 P.2d at 340 . ¶ 31 Finally, Appellant notes that, in seeking amendment of the indictment, the State failed to comply with the time requirements set forth in Rule 16.1(b) of the Arizona Rules of Criminal Procedure.

2009See generally Johnson, 198 Ariz. at 248, ¶ 8 , 8 P.3d at 1162 (stating that the appellant bears the burden of proving actual prejudice from an amendment); Delgado, 174 Ariz. at 255 , 848 P.2d at 340 . ¶ 31 Finally, Appellant notes that, in seeking amendment of the indictment, the State failed to comply with the time requirements set forth in Rule 16.1(b) of the Arizona Rules of Criminal Procedure.

12009–2009
Nixon v. Fitzgerald green
scotus · 1982
2 sentences

2006The essential purpose of the doctrine of separation of powers is "to allow for independent functioning of each coequal branch of government within its assigned sphere of responsibility, free from risk of control, interference, or intimidation by other branches." Nixon v. Fitzgerald, 457 U.S. 731, 760-61 , 102 S.Ct. 2690 , 73 L.Ed.2d 349 (1982); see also The Federalist Papers, Nos. 47 and 48.

2006The essential purpose of the doctrine of separation of powers is "to allow for independent functioning of each coequal branch of government within its assigned sphere of responsibility, free from risk of control, interference, or intimidation by other branches." Nixon v. Fitzgerald, 457 U.S. 731, 760-61 , 102 S.Ct. 2690 , 73 L.Ed.2d 349 (1982); see also The Federalist Papers, Nos. 47 and 48.

12006–2006
State v. Superior Court neutral
arizctapp · 1977
2 sentences

1986See Rule 13.5(c); State v. Superior Court, 121 Ariz. 341 , 590 P.2d 457 (App. 1977).

1986See Rule 13.5(c); State v. Superior Court, 121 Ariz. 341 , 590 P.2d 457 (App. 1977).

11986–1986
State v. Andrus green
arizctapp · 1972
2 sentences

1975State v. Cartwright, supra; State v. Andrus, 17 Ariz.App. 70 , 495 P.2d 510 (1972).

1975State v. Cartwright, supra; State v. Andrus, 17 Ariz.App. 70 , 495 P.2d 510 (1972).

11975–1975

Where else courts name it

TX 90 (1944–2025) NY 80 (1857–2026) IL 48 (1899–2025) GA 44 (1912–2025) MS 26 (1887–2024) KY 24 (1890–2015) MD 22 (1924–2023) CA 22 (1919–2016) NJ 19 (1895–2022) AL 17 (1912–2013) NC 17 (1893–2025) OH 15 (1914–2025) TN 14 (1928–2021) MO 14 (1895–2005) LA 10 (1915–2016) IA 9 (1916–2015) WV 9 (1893–2023) VA 7 (1916–2019) PA 7 (1944–1998) DC 7 (1898–2013) FL 7 (1917–2008) MA 6 (1949–2023) AZ 6 (1975–2009) RI 6 (1983–1996) SC 6 (1976–2018) CO 6 (1974–2007) HI 5 (1998–2023) OR 5 (1983–2005) AK 5 (1981–2025) NM 5 (1925–1991) NH 5 (1980–2013) SD 4 (1999–2021) IN 4 (1928–1972) AR 4 (1895–2007) MI 4 (1973–1994) DE 4 (1936–2019) WA 4 (2005–2012) WY 3 (1991–2008) ME 3 (1972–1985) MN 3 (2015–2024) ND 2 (2005–2005) OK 2 (1982–1995) NV 2 (1914–2019) KS 2 (1932–1975)

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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