Cited by
Opinions in Arizona that cite State v. Noriega, 928 P.2d 706.
- State v. Castleberry Ariz. Ct. App. Div. 1 2026
- State v. Melendez Ariz. Ct. App. Div. 1 2026
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State v. Melendez
Ariz. Ct. App. Div. 1 2026
Proof of a defendant’s mental state may be inferred by the jury from the “behaviors and other circumstances surrounding the event.”
- State of Arizona v. Max G. Moreno Ariz. Ct. App. Div. 2 2026
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State of Arizona v. Max G. Moreno
Ariz. Ct. App. Div. 2 2026
¶9 “The purpose of jury instructions is to inform the jury of the applicable law,” (), and a “party is entitled to any jury instruction reasonably supported by the evidence,”
- State v. Riehle Ariz. Ct. App. Div. 1 2026
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State v. Riehle
Ariz. Ct. App. Div. 1 2026
(a defendant’s mental state is rarely provable by direct evidence and a jury will usually have to infer it from his behaviors and the surrounding circumstances).
- State v. Evans Ariz. Ct. App. Div. 1 2025
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State v. Evans
Ariz. Ct. App. Div. 1 2025
(“[A] mere presence instruction provides a necessary aid to jurors in properly interpreting the acts of the accused accomplice and divining his true intent.”).
- Hill v. State Ariz. Ct. App. Div. 1 2025
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Hill v. State
Ariz. Ct. App. Div. 1 2025
(Mere presence at a crime scene does not establish guilt.); see also A.R.S.
- State of Arizona v. Jasper Phillip Rushing Ariz. 2025
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State of Arizona v. Jasper Phillip Rushing
Ariz. 2025
Importantly, jury instructions cannot “mislead the jury in any way and must give the jury an understanding of the issues.” Teran, 253 Ariz. at 170 ¶ 12 ().
- State v. Estrada Ariz. Ct. App. Div. 1 2025
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State v. Estrada
Ariz. Ct. App. Div. 1 2025
Generally, proof of a defendant’s mental state must be inferred by the jury from the “behaviors and other circumstances surrounding the event.”
- State v. Stuebe Ariz. Ct. App. Div. 1 2024
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State v. Stuebe
Ariz. Ct. App. Div. 1 2024
¶13 review dismissed established a per se rule of deficient performance if defense counsel fails to request a mere-presence instruction when the evidence supports it.
- State v. Samia Ariz. Ct. App. Div. 1 2024
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State v. Samia
Ariz. Ct. App. Div. 1 2024
("[T]he defendant's mental state will rarely be provable by direct evidence and the jury will usually have to infer it from his behaviors and other circumstances surrounding the event.").
- State v. Rix 536 P.3d 253 Ariz. Ct. App. Div. 1 2023
- State v. Rix 536 P.3d 253 Ariz. Ct. App. Div. 1 2023
- State v. Cline Ariz. Ct. App. Div. 1 2023
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State v. Cline
Ariz. Ct. App. Div. 1 2023
18.02.01, 23.10 (5th ed. 2019); (“The purpose of jury instructions is to inform the jury of the applicable law in understandable terms.”).
- State v. Williams Ariz. Ct. App. Div. 1 2023
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State v. Williams
Ariz. Ct. App. Div. 1 2023
("Criminal intent, being a state of mind, is shown by circumstantial evidence.").
- State v. Hernandez Ariz. Ct. App. Div. 1 2022
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State v. Hernandez
Ariz. Ct. App. Div. 1 2022
Hernandez contends that “an improperly instructed jury, particularly in the context of accomplice liability (and mere presence) is cause for reversal.” Hernandez also suggests that, because the jury asked about accomplice liability during deliberations, the instruction “clearly” influenced their deliberat
- State v. Smith Ariz. Ct. App. Div. 1 2022
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State v. Smith
Ariz. Ct. App. Div. 1 2022
¶13 still entitle him to a mere-presence instruction.
- State v. Teran 510 P.3d 502 Ariz. Ct. App. Div. 1 2022
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State v. Teran
510 P.3d 502
Ariz. Ct. App. Div. 1 2022
“A set of instructions need not be faultless; however, they must not mislead the jury in any way and must give the jury an understanding of the issues.”
- State v. Burger Ariz. Ct. App. Div. 1 2022
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State v. Burger
Ariz. Ct. App. Div. 1 2022
“In reviewing the evidence, we must draw all reasonable inferences that support the verdict.” ¶ 27 (1999); (providing that evidence of a defendant’s mental state must typically be inferred from the “behaviors and other circumstances surrounding the event”).
- State of Arizona v. James Murray Reaves, III 506 P.3d 39 Ariz. Ct. App. Div. 2 2022
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State of Arizona v. James Murray Reaves, III
506 P.3d 39
Ariz. Ct. App. Div. 2 2022
However, a court is not bound to “give every specific instruction requested by the defense,” so long as the “instructions adequately set forth the law applicable to the case,” id., “in understandable terms,”
- State v. Douglas Ariz. Ct. App. Div. 1 2021
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State v. Douglas
Ariz. Ct. App. Div. 1 2021
Instead, jurors may “infer [a defendant’s mental state] from [the defendant’s] behaviors and other circumstances surrounding the event.”
- State v. Bartik Ariz. Ct. App. Div. 1 2021
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State v. Bartik
Ariz. Ct. App. Div. 1 2021
Typically, evidence of a defendant’s mental state must be inferred from the “behaviors and other circumstances surrounding the event.”
- State v. Khorrami Ariz. Ct. App. Div. 1 2021
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State v. Khorrami
Ariz. Ct. App. Div. 1 2021
Jurors usually must “infer [a defendant’s mental state] from [the defendant’s] behaviors and other circumstances surrounding the event.”
- State v. Roeschen Ariz. Ct. App. Div. 1 2021
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State v. Roeschen
Ariz. Ct. App. Div. 1 2021
§ 13- 4 STATE v. ROESCHEN Decision of the Court 1814(B) (adopting permissible inference from § 13-2305(1)); ("[T]he defendant's mental state will rarely be provable by direct evidence and the jury will usually have to infer it from his behaviors and other circumstances surrounding the event.").
- State v. Padilla Ariz. Ct. App. Div. 1 2020
- State v. Padilla Ariz. Ct. App. Div. 1 2020
- State v. Romero 463 P.3d 225 Ariz. Ct. App. Div. 1 2020
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State v. Romero
463 P.3d 225
Ariz. Ct. App. Div. 1 2020
Instructions inform the jury how to apply the law, and we will not reverse unless the instructions, taken together, would have misled the jurors, ¶ 35 (1998).
- State v. Taylor Ariz. Ct. App. Div. 1 2019
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State v. Taylor
Ariz. Ct. App. Div. 1 2019
and the linguistic universe for lay persons.”
- State v. Gonzales Ariz. Ct. App. Div. 1 2019