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6 Arizona opinions name it 2 courts 1938–1993 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.
| Case | Followed | Cited |
|---|---|---|
State v. Cannongreen2 sentences1990If you decide that the Defendant's conduct in stabbing Eugene Parker was justified, you must find the Defendant not guilty of the crime charged. *333 The remainder of instruction twenty set forth the legal elements required in a justification instruction. [2] The "Hunter" language has been condemned not only because it is an incorrect statement of the law, but also because it creates a " risk that the jury would believe that the accused had the burden to prove justification." State v. Cannon, 157 Ariz. 107, 107 , 755 P.2d 412, 412 (1988) (emphasis added). [3] The instruction which the majority 1990If you decide that the Defendant's conduct in stabbing Eugene Parker was justified, you must find the Defendant not guilty of the crime charged. *333 The remainder of instruction twenty set forth the legal elements required in a justification instruction. [2] The "Hunter" language has been condemned not only because it is an incorrect statement of the law, but also because it creates a " risk that the jury would believe that the accused had the burden to prove justification." State v. Cannon, 157 Ariz. 107, 107 , 755 P.2d 412, 412 (1988) (emphasis added). [3] The instruction which the majority | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Marsin v. Udall
green
2 sentences1984The State Bar Committee Note with respect to subsection (D) dealing with waiver points out that the above-quoted portion of the rule expressly includes affidavits as well as other types of evidence concerning the merits of the action and that the remainder of the rule is consistent with existing case law, citing as an example Marsin v. Udall, 78 Ariz. 309 , 279 P.2d 721 (1955). 1984The State Bar Committee Note with respect to subsection (D) dealing with waiver points out that the above-quoted portion of the rule expressly includes affidavits as well as other types of evidence concerning the merits of the action and that the remainder of the rule is consistent with existing case law, citing as an example Marsin v. Udall, 78 Ariz. 309 , 279 P.2d 721 (1955). | 2 | 1976–1984 |
State v. Bartlett
green
2 sentences1993On remand, our supreme court found that this threshold showing had been made and, relying on the remainder of its analysis in Bartlett I, concluded that the sentence constituted cruel and unusual punishment under the federal constitution. 2 State v. Bartlett, 171 Ariz. 302 , 830 P.2d 823 (Bartlett II), cert. denied, — U.S.-, 113 S.Ct. 511 , 121 L.Ed.2d 445 (1992). 1993On remand, our supreme court found that this threshold showing had been made and, relying on the remainder of its analysis in Bartlett I, concluded that the sentence constituted cruel and unusual punishment under the federal constitution. 2 State v. Bartlett, 171 Ariz. 302 , 830 P.2d 823 (Bartlett II), cert. denied, — U.S.-, 113 S.Ct. 511 , 121 L.Ed.2d 445 (1992). | 1 | 1993–1993 |
Adams ex rel. Ridgell v. Children's Mercy Hospital
green
1 sentence1993On remand, our supreme court found that this threshold showing had been made and, relying on the remainder of its analysis in Bartlett I, concluded that the sentence constituted cruel and unusual punishment under the federal constitution. 2 State v. Bartlett, 171 Ariz. 302 , 830 P.2d 823 (Bartlett II), cert. denied, — U.S.-, 113 S.Ct. 511 , 121 L.Ed.2d 445 (1992). | 1 | 1993–1993 |
George Basch Co. v. Blue Coral, Inc.
green
1 sentence1993On remand, our supreme court found that this threshold showing had been made and, relying on the remainder of its analysis in Bartlett I, concluded that the sentence constituted cruel and unusual punishment under the federal constitution. 2 State v. Bartlett, 171 Ariz. 302 , 830 P.2d 823 (Bartlett II), cert. denied, — U.S.-, 113 S.Ct. 511 , 121 L.Ed.2d 445 (1992). | 1 | 1993–1993 |
Southwest Cotton Co. v. Clements
green
2 sentences1947This court has laid down the rule in the case of Southwest Cotton Co. v. Clements, 25 Ariz. 169 , 215 P. 156 , at page 158, as follows: “It is a well-known rule that, even though an issue may be raised by the pleadings, it is not proper to give an instruction thereon unless there has been evidence introduced in support of the issue. 14 R.C.L. 786, § 51.” With these rules in mind we will now consider whether or not it was appropriate to give the remainder of the instruction stating the law to be that the driver of every vehicle shall pass a car proceeding in the same direction on the left, and 1947This court has laid down the rule in the case of Southwest Cotton Co. v. Clements, 25 Ariz. 169 , 215 P. 156 , at page 158, as follows: “It is a well-known rule that, even though an issue may be raised by the pleadings, it is not proper to give an instruction thereon unless there has been evidence introduced in support of the issue. 14 R.C.L. 786, § 51.” With these rules in mind we will now consider whether or not it was appropriate to give the remainder of the instruction stating the law to be that the driver of every vehicle shall pass a car proceeding in the same direction on the left, and | 1 | 1947–1947 |
Moreno v. Russell
green
2 sentences1938Moreno v. Russell, 47 Ariz. 38 , 53 Pac. (2d) 411 . 1938Moreno v. Russell, 47 Ariz. 38 , 53 Pac. (2d) 411 . | 1 | 1938–1938 |
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.