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6 Arizona opinions name it 1 courts 1995–2022 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.
| Case | Followed | Cited |
|---|---|---|
State v. Stanleygreen2 sentences2015State v. Stanley, 167 Ariz. 519, 528 , 809 P.2d 944, 953 (1991). 2015State v. Stanley, 167 Ariz. 519, 528 , 809 P.2d 944, 953 (1991). | 2 | 2 |
State v. Princegreen2 sentences2004“Therefore, senselessness and helplessness, without the presence of other factors, are usually insufficient to establish depravity beyond a reasonable doubt.” State v. Prince, 206 Ariz. 24, 27, ¶ 10 , 75 P.3d 114, 117 (2003). ¶ 231 As was true regarding the intentionally cruel component, we cannot affirm an (F)(6) finding based on findings of intentionally heinous or depraved acts unless we can conclude that no reasonable jury could arrive at a different conclusion than the trial judge did. 2004“Therefore, senselessness and helplessness, without the presence of other factors, are usually insufficient to establish depravity beyond a reasonable doubt.” State v. Prince, 206 Ariz. 24, 27, ¶ 10 , 75 P.3d 114, 117 (2003). ¶ 231 As was true regarding the intentionally cruel component, we cannot affirm an (F)(6) finding based on findings of intentionally heinous or depraved acts unless we can conclude that no reasonable jury could arrive at a different conclusion than the trial judge did. | 1 | 1 |
State v. Brewergreen2 sentences1995Ross, 180 Ariz. at 606 , 886 P.2d at 1362 ; State v. Brewer, 170 Ariz. 486, 502 , 826 P.2d 783, 789 (1992) (“Factors 4 and 5 do not warrant a finding of heinousness or depravity unless accompanied by additional factors.”). 1995Ross, 180 Ariz. at 606 , 886 P.2d at 1362 ; State v. Brewer, 170 Ariz. 486, 502 , 826 P.2d 783, 789 (1992) (“Factors 4 and 5 do not warrant a finding of heinousness or depravity unless accompanied by additional factors.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Hyde
green
2 sentences2004Consequently, we conclude that a reasonable jury might arrive at a different conclusion than the trial judge did on whether the State established that Moody inflicted gratuitous violence. ¶230 Even if we could conclude that no reasonable jury could fail to find the senselessness and helplessness factors, without the gratuitous violence factor the other factors are substantially less weighty: “Senselessness and helplessness are less probative of the defendant’s state of mind than are relishing, gratuitous violence, and mutilation.” Hyde, 186 Ariz. at 281 , 921 P.2d at 684 . 2004Consequently, we conclude that a reasonable jury might arrive at a different conclusion than the trial judge did on whether the State established that Moody inflicted gratuitous violence. ¶230 Even if we could conclude that no reasonable jury could fail to find the senselessness and helplessness factors, without the gratuitous violence factor the other factors are substantially less weighty: “Senselessness and helplessness are less probative of the defendant’s state of mind than are relishing, gratuitous violence, and mutilation.” Hyde, 186 Ariz. at 281 , 921 P.2d at 684 . | 2 | 2003–2004 |
State of Arizona v. Andre Michael Leteve
green
1 sentence2022“The killing of a child satisfies the senselessness and helplessness factors.” State v. Leteve, 237 Ariz. 516 , 527 ¶ 36 (2015). | 1 | 2022–2022 |
State v. Ross
green
2 sentences1995Ross, 180 Ariz. at 606 , 886 P.2d at 1362 ; State v. Brewer, 170 Ariz. 486, 502 , 826 P.2d 783, 789 (1992) (“Factors 4 and 5 do not warrant a finding of heinousness or depravity unless accompanied by additional factors.”). 1995Ross, 180 Ariz. at 606 , 886 P.2d at 1362 ; State v. Brewer, 170 Ariz. 486, 502 , 826 P.2d 783, 789 (1992) (“Factors 4 and 5 do not warrant a finding of heinousness or depravity unless accompanied by additional factors.”). | 1 | 1995–1995 |
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.