Cited by
Opinions in Arizona that cite State v. Donald, 10 P.3d 1193.
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State v. Duke
Ariz. Ct. App. Div. 1 2017
¶ 21 (App. 2000) (“To mandate an evidentiary hearing, the defendant’s challenge must consist of more than conclusory assertions .
- State v. Anderson Ariz. Ct. App. Div. 1 2017
- State v. Anderson Ariz. Ct. App. Div. 1 2017
- State v. Alvarado Ariz. Ct. App. Div. 1 2016
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State v. Alvarado
Ariz. Ct. App. Div. 1 2016
“To establish deficient performance during plea negotiations, a petitioner must prove that the lawyer either (1) gave erroneous advice or (2) failed to give information necessary to allow the petitioner to make an informed decision whether to accept the plea.” ¶ 16
- State v. Sales Ariz. Ct. App. Div. 1 2016
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State v. Sales
Ariz. Ct. App. Div. 1 2016
1 P.3d 1193 (App. 2000).
- State v. Badertscher Ariz. Ct. App. Div. 1 2016
- State v. Badertscher Ariz. Ct. App. Div. 1 2016
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State v. Badertscher
Ariz. Ct. App. Div. 1 2016
The State made a plea offer that Badertscher rejected at a
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State v. Badertscher
Ariz. Ct. App. Div. 1 2016
¶3 In the new case, after pretrial disclosure and motion practice, and a plea offer that Badertscher rejected at a a four-day jury trial took place in January 2016.
- State v. Soto-Portillo Ariz. Ct. App. Div. 1 2016
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State v. Soto-Portillo
Ariz. Ct. App. Div. 1 2016
Accordingly, to state a colorable claim, the petitioner “must provide specific factual allegations that, if true, would entitle him to relief.” ¶ 17 (App. 2000).
- State v. Osuna Ariz. Ct. App. Div. 1 2016
- State v. Osuna Ariz. Ct. App. Div. 1 2016
- State v. Villela Ariz. Ct. App. Div. 1 2016
- State v. Villela Ariz. Ct. App. Div. 1 2016
- State v. Horton Ariz. Ct. App. Div. 1 2016
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State v. Horton
Ariz. Ct. App. Div. 1 2016
Donald Hearing ¶16 On October 3, 2014, the trial court held a ¶ 9, to explain the range of sentence that could be imposed if Appellant refused the State’s plea offer.6 Appellant rejected the plea offer and exercised his right to a jury trial.
- State v. Osuna Ariz. Ct. App. Div. 1 2015
- State v. Osuna Ariz. Ct. App. Div. 1 2015
- State v. Black Ariz. Ct. App. Div. 1 2015
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State v. Black
Ariz. Ct. App. Div. 1 2015
¶ 14, (citations omitted).
- State ex rel. Polk v. Campbell 357 P.3d 144 Ariz. Ct. App. Div. 1 2015
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State ex rel. Polk v. Campbell
357 P.3d 144
Ariz. Ct. App. Div. 1 2015
the State asserts that because no plea deal had been offered the hearing was merely a presentence hearing.
- State v. Wilenchik Ariz. Ct. App. Div. 1 2015
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State v. Wilenchik
Ariz. Ct. App. Div. 1 2015
Although the State offered Wilenchik a plea agreement, after a P.3d 1193 (App. 2000), Wilenchik rejected the plea.
- State v. Lopez Ariz. Ct. App. Div. 1 2015
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State v. Lopez
Ariz. Ct. App. Div. 1 2015
¶¶ 14-17, 1 ¶5 Lopez may, however, be able to seek habeas corpus relief in federal court based on ineffective assistance of trial counsel if he can first show either he had no counsel in his first post-conviction relief proceeding or counsel in his first post-convictio
- State v. Gingerich Ariz. Ct. App. Div. 1 2015
- State v. Russell Ariz. Ct. App. Div. 1 2015
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State v. Russell
Ariz. Ct. App. Div. 1 2015
¶¶ 14-17, 2 Therefore, Frye and Lafler are not significant changes in the law as applied in Arizona.
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State v. Gingerich
Ariz. Ct. App. Div. 1 2015
¶7 Although there is no constitutional right to a plea agreement, “once the State engages in plea bargaining, the defendant has a Sixth Amendment right to be adequately informed of the consequences before deciding whether to accept or reject the offer.” ¶ 14
- State v. Meacham Ariz. Ct. App. Div. 1 2015
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State v. Meacham
Ariz. Ct. App. Div. 1 2015
¶¶ 14-17, 1 ¶5 We deny relief.
- State v. Simmons Ariz. Ct. App. Div. 1 2015
- State v. Simmons Ariz. Ct. App. Div. 1 2015
- State v. Patton Ariz. Ct. App. Div. 1 2015
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State v. Patton
Ariz. Ct. App. Div. 1 2015
“To warrant reversal, the prosecutorial misconduct must be ‘so pronounced and persistent that it permeates the entire atmosphere of the trial.’” 402, 132 4 P.3d 1193 (App. 2000) (requiring an on-the-record determination that a defendant has been advised of any proposed plea agreements).
- State v. Van Keuren Ariz. Ct. App. Div. 1 2015
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State v. Van Keuren
Ariz. Ct. App. Div. 1 2015
State v. 2 ¶¶ 14-17 (App. 2000).
- State v. Hon. miles/wright Ariz. Ct. App. Div. 1 2015
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State v. Hon. miles/wright
Ariz. Ct. App. Div. 1 2015
MILES/WRIGHT Decision of the Court ¶14 ¶ 39, “[i]t is well established [] that the courts may intervene to reinstate a plea offer that the State has withdrawn for vindictive reasons.” Wright further asserts that under Donald, a “court’s essential function is to provide a remedy in the context of an individual case, and
- State v. Robledo Ariz. Ct. App. Div. 1 2015
- State v. Nardi Ariz. Ct. App. Div. 1 2015
- State v. Robledo Ariz. Ct. App. Div. 1 2015
- State v. Nardi Ariz. Ct. App. Div. 1 2015
- State v. Robinson Ariz. Ct. App. Div. 1 2015
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State v. Robinson
Ariz. Ct. App. Div. 1 2015
¶¶ 14-17, rev. denied (March 20, 2001), cert.
- State v. Laakmann Ariz. Ct. App. Div. 1 2014