Cited by
Opinions in Arizona that cite State v. Pulliam, 349 P.2d 781.
- State v. Edwards 529 P.2d 1174 Ariz. 1974
- State v. Edwards 529 P.2d 1174 Ariz. 1974
- State v. Gamble 523 P.2d 53 Ariz. 1974
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State v. Gamble
523 P.2d 53
Ariz. 1974
We have previously defined fundamental error as “ * * * such error as goes to the foundation of the case, or which takes from the defendant a right essential to his defense.”
- State v. Sears 522 P.2d 784 Ariz. Ct. App. Div. 1 1974
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State v. Sears
522 P.2d 784
Ariz. Ct. App. Div. 1 1974
1 , our Supreme Court recog *25 nized that under an appropriate fact situation it was fundamental error for the trial court, on its own motion, to fail to submit a voluntariness instruction to the jury.
- State v. Cassius 515 P.2d 903 Ariz. Ct. App. Div. 2 1974
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State v. Cassius
515 P.2d 903
Ariz. Ct. App. Div. 2 1974
However, fundamental error is such error as goes to the foundation of the case, or which takes from a defendant a right essential to his defense, , and we must search the record for such error in all criminal appeals.
- State v. Evans 512 P.2d 1225 Ariz. 1973
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State v. Evans
512 P.2d 1225
Ariz. 1973
this Court defined fundamental error as “ .
- State v. Branch 498 P.2d 218 Ariz. 1972
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State v. Branch
498 P.2d 218
Ariz. 1972
“fundamental error is such error as goes to the foundation of the case, or which takes from a defendant a right essential to his defense.” The right to have notice of the offense charged is an essential right of the defendant, and he may not be convicted of an offense which does not fall within
- State v. Enriquez 475 P.2d 486 Ariz. 1970
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State v. Enriquez
475 P.2d 486
Ariz. 1970
81 , 21 L.Ed.2d 94 (9th Cir. 1968)
- State v. Bray 472 P.2d 54 Ariz. 1970
- State v. Bray 472 P.2d 54 Ariz. 1970
- State v. McAlvain 454 P.2d 987 Ariz. 1969
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State v. McAlvain
454 P.2d 987
Ariz. 1969
: “Fundamental error, is such error as goes to the foundation of the case, or which takes from a defendant a right essential to his defense.
- State v. Robinson 452 P.2d 706 Ariz. Ct. App. Div. 1 1969
- State v. Robinson 452 P.2d 706 Ariz. Ct. App. Div. 1 1969
- State v. Vaughn 450 P.2d 698 Ariz. 1969
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State v. Vaughn
450 P.2d 698
Ariz. 1969
where we said that exculpatory statements are to be given the same treatment as confessions in regard to the determination of their voluntariness, , where we said that regardless of whether the defendant requests it the court must instruct the jury that before considering whether a confession is true they must first determine whether it was voluntary, and that if they find it to be involuntary they must reject it.
- State v. Scanlon 450 P.2d 377 Ariz. 1969
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State v. Scanlon
450 P.2d 377
Ariz. 1969
we held that such an instruction was necessary and that the failure to give it was fundamental error which could be raised for the first time on appeal.
- State v. Ganster 433 P.2d 620 Ariz. 1967
- State v. Ganster 433 P.2d 620 Ariz. 1967
- State v. Robinson 433 P.2d 70 Ariz. Ct. App. Div. 1 1967
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State v. Robinson
433 P.2d 70
Ariz. Ct. App. Div. 1 1967
the de *423 fendant’s manacles were removed in the presence of the jury panel.
- State v. Owen 429 P.2d 516 Ariz. Ct. App. Div. 2 1967
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State v. Owen
429 P.2d 516
Ariz. Ct. App. Div. 2 1967
at page 223, , at page 785, (1960) the defendant was brought into the courtroom in manacles which were removed in the presence of the jury.
- State v. Wright 427 P.2d 338 Ariz. Ct. App. Div. 1 1967
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State v. Wright
427 P.2d 338
Ariz. Ct. App. Div. 1 1967
People v. Brady, 14 A.D.2d 575 , 218 N.Y.S.2d 705 (1961)
- State v. Hudgens 423 P.2d 90 Ariz. 1967
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State v. Hudgens
423 P.2d 90
Ariz. 1967
For cases in which we have held that fundamental error was committed by the failure to give instructions, , ; , ; , .
- State v. Spencer 421 P.2d 886 Ariz. 1966
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State v. Spencer
421 P.2d 886
Ariz. 1966
as error which goes to the foundation of the case, or which takes from defendant a right essential to his defense.
- State v. Sanders 420 P.2d 281 Ariz. 1966
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State v. Sanders
420 P.2d 281
Ariz. 1966
overruled on other grounds, , .
- State v. Randolph 408 P.2d 397 Ariz. 1965
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State v. Randolph
408 P.2d 397
Ariz. 1965
for the principle that whether a defendant is prejudiced by being handcuffed rests within the sound discretion of the trial court.
- State v. Blankenship 406 P.2d 729 Ariz. 1965
- State v. Cobb 406 P.2d 421 Ariz. Ct. App. Div. 1 1965
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State v. Cobb
406 P.2d 421
Ariz. Ct. App. Div. 1 1965
The defendants submit, , , that the trial court should have, on its own motion, instructed the jury as to the voluntariness of the exculpatory statement.
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State v. Blankenship
406 P.2d 729
Ariz. 1965
56 A.L.R.2d 1166 ; , 141 P. 713 .
- State v. George 403 P.2d 932 Ariz. 1965
- State v. George 403 P.2d 932 Ariz. 1965
- State v. Chavez 403 P.2d 545 Ariz. 1965
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State v. Chavez
403 P.2d 545
Ariz. 1965
we said: “Defendant also urges that the trial court erred in not granting his motion for mistrial on the ground that defendant’s manacles were removed in the presence of members of the jury panel.
- State v. Farrell 399 P.2d 915 Ariz. Ct. App. Div. 1 1965
- State v. Farrell 399 P.2d 915 Ariz. Ct. App. Div. 1 1965