lesser-ineluded offense instruction (Arizona) · Go Syfert
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lesser-ineluded offense instruction in Arizona

6 Arizona opinions name it 2 courts 2006–2015 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 of Arizona v. George Benjamin Laringreen
arizctapp · 2013 · cited in 1 Arizona opinions naming this issue, 2015–2015
2 sentences

2015See State v. La-rin, 233 Ariz. 202, ¶ 17 , 310 P.3d 990, 996 (App.2013) (no error where evidence did not support lesser-ineluded offense instruction). 10 Criminal Restitution Order ¶ 20 Although not mentioned in the parties’ briefs, we find fundamental, prejudicial error in the court’s imposition of a CRO.

2015See State v. La-rin, 233 Ariz. 202, ¶ 17 , 310 P.3d 990, 996 (App.2013) (no error where evidence did not support lesser-ineluded offense instruction). 10 Criminal Restitution Order ¶ 20 Although not mentioned in the parties’ briefs, we find fundamental, prejudicial error in the court’s imposition of a CRO.

11
State v. Bearupgreen
ariz · 2009 · cited in 1 Arizona opinions naming this issue, 2011–2011
2 sentences

2011“To determine whether sufficient evidence existed to require a lesser-ineluded offense instruction, [we] must examine whether the jury could rationally fail to find the distinguishing element of the greater offense.” State v. Bearup, 221 Ariz. 163 , 168 ¶ 23, 211 P.3d 684, 689 (2009) (internal quotation marks omitted). ¶ 24 Delahanty was convicted under A.R.S. § 13-1105(A)(3), which provides that a person commits first degree murder if, “[intending or knowing that the person’s conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is

2011“To determine whether sufficient evidence existed to require a lesser-ineluded offense instruction, [we] must examine whether the jury could rationally fail to find the distinguishing element of the greater offense.” State v. Bearup, 221 Ariz. 163 , 168 ¶ 23, 211 P.3d 684, 689 (2009) (internal quotation marks omitted). ¶ 24 Delahanty was convicted under A.R.S. § 13-1105(A)(3), which provides that a person commits first degree murder if, “[intending or knowing that the person’s conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is

11
State v. Andrianoyellow
ariz · 2007 · cited in 1 Arizona opinions naming this issue, 2009–2009
2 sentences

2009State v. Andriano, 215 Ariz. 497, 504, ¶ 32 , 161 P.3d 540, 547 (2007).

2009State v. Andriano, 215 Ariz. 497, 504, ¶ 32 , 161 P.3d 540, 547 (2007).

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

2009State v. Fish, 222 Ariz. 109, 132, ¶¶ 79-81 , 213 P.3d 258, 281 (App.2009).

2009State v. Fish, 222 Ariz. 109, 132, ¶¶ 79-81 , 213 P.3d 258, 281 (App.2009).

11
State v. Logangreen
ariz · 2001 · cited in 1 Arizona opinions naming this issue, 2009–2009
2 sentences

2009State v. Logan, 200 Ariz. 564, 565-66, ¶ 9 , 30 P.3d 631, 632-33 (2001). ¶ 80 Here, Defendant expressly informed the superior court he did not want a lesser-ineluded offense instruction on reckless manslaughter because he thought the evidence did not support such an instruction.

2009State v. Logan, 200 Ariz. 564, 565-66, ¶ 9 , 30 P.3d 631, 632-33 (2001). ¶ 80 Here, Defendant expressly informed the superior court he did not want a lesser-ineluded offense instruction on reckless manslaughter because he thought the evidence did not support such an instruction.

11
State v. Coronagreen
arizctapp · 1997 · cited in 1 Arizona opinions naming this issue, 2006–2006
2 sentences

2006See Detrich, 178 Ariz. at 383 , 873 P.2d at 1305 ; State v. Corona, 188 Ariz. 85, 89 , 932 P.2d 1356, 1360 (App.1997). ¶ 7 Here, defendant was charged with multiple counts of aggravated assault and misconduct involving a weapon arising from a vehicle to vehicle drive-by shooting.

2006See Detrich, 178 Ariz. at 383 , 873 P.2d at 1305 ; State v. Corona, 188 Ariz. 85, 89 , 932 P.2d 1356, 1360 (App.1997). ¶ 7 Here, defendant was charged with multiple counts of aggravated assault and misconduct involving a weapon arising from a vehicle to vehicle drive-by shooting.

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State v. Detrichgreen
ariz · 1994 · cited in 1 Arizona opinions naming this issue, 2006–2006
2 sentences

2006See Detrich, 178 Ariz. at 383 , 873 P.2d at 1305 ; State v. Corona, 188 Ariz. 85, 89 , 932 P.2d 1356, 1360 (App.1997). ¶ 7 Here, defendant was charged with multiple counts of aggravated assault and misconduct involving a weapon arising from a vehicle to vehicle drive-by shooting.

2006See Detrich, 178 Ariz. at 383 , 873 P.2d at 1305 ; State v. Corona, 188 Ariz. 85, 89 , 932 P.2d 1356, 1360 (App.1997). ¶ 7 Here, defendant was charged with multiple counts of aggravated assault and misconduct involving a weapon arising from a vehicle to vehicle drive-by shooting.

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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
Beck v. Alabama green
scotus · 1980
1 sentence

2009Id. at 627-28, 630 , 100 S.Ct. 2382 .

12009–2009

Where else courts name it

TX 7 (1993–2014) AZ 6 (2006–2015) MS 5 (2006–2017) NM 2 (1999–2000) NJ 2 (1996–2008) MO 2 (1997–2001) UT 2 (1997–1999) IA 2 (1992–2010)

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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