Cited by
Opinions in Arizona that cite Pool v. Superior Court, 677 P.2d 261.
- State v. Goold Ariz. Ct. App. Div. 1 2016
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State v. Goold
Ariz. Ct. App. Div. 1 2016
Ct. of Pima, –09, –72 (1984) (emphasis added).
- State v. Mutuberria Ariz. Ct. App. Div. 1 2016
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State v. Mutuberria
Ariz. Ct. App. Div. 1 2016
(finding the appellant’s alleged errors moot where the jury did not convict the appellant) ().
- State v. Carrillo Ariz. Ct. App. Div. 1 2016
- State v. Carrillo Ariz. Ct. App. Div. 1 2016
- State of Arizona v. Penny Ann West 362 P.3d 1049 Ariz. Ct. App. Div. 2 2015
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State of Arizona v. Penny Ann West
362 P.3d 1049
Ariz. Ct. App. Div. 2 2015
ing on Penny’s motion for a new trial, the trial court found “no prosecutorial misconduct occurred in any of these incidents alone or in combination.” The court noted that “the prosecution may have struck hard blows in this case,” but “it did not strike any foul ones in either its cross-examination of defense expert witnesses or in its summations to the jury.” And, -09, -72 (1984), the court further determined that, even if any of the incidents constituted misconduct, it “was not ‘intentional co
- State v. Bravo Ariz. Ct. App. Div. 1 2015
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State v. Bravo
Ariz. Ct. App. Div. 1 2015
-09, -72 (1984) (double jeopardy bars retrial if mistrial was caused by the prosecutor’s intentional misconduct); ¶ 26, (cumulative error doctrine is recognized in context of prosecutorial misconduct because “a defendant must demons
- State v. Canales Ariz. Ct. App. Div. 1 2015
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State v. Canales
Ariz. Ct. App. Div. 1 2015
Prosecutorial misconduct is not merely “legal error, negligence, mistake, or insignificant impropriety, but, taken as a whole, amounts to intentional conduct which the prosecutor knows to be improper and prejudicial.” (footnote omitted).
- State v. Ochoa Ariz. Ct. App. Div. 1 2015
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State v. Ochoa
Ariz. Ct. App. Div. 1 2015
Prosecutorial misconduct is not merely “legal error, negligence, mistake, or insignificant 8 STATE v. OCHOA Decision of the Court impropriety, but, taken as a whole, amounts to intentional conduct which the prosecutor knows to be improper and prejudicial.” –09, -72 (1984).
- State v. Cramer Ariz. Ct. App. Div. 1 2015
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State v. Cramer
Ariz. Ct. App. Div. 1 2015
¶14 Prosecutorial misconduct is not merely “legal error, negligence, mistake, or insignificant impropriety, but, taken as a whole, amounts to intentional conduct which the prosecutor knows to be improper and prejudicial.” -09 (1984).
- State v. Harris Ariz. Ct. App. Div. 1 2015
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State v. Harris
Ariz. Ct. App. Div. 1 2015
¶17 Prosecutorial misconduct is not merely “legal error, negligence, mistake, or insignificant impropriety, but, taken as a whole, amounts to intentional conduct which the prosecutor knows to be improper and prejudicial.”
- State v. Hayes Ariz. Ct. App. Div. 1 2015
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State v. Hayes
Ariz. Ct. App. Div. 1 2015
¶24 Prosecutorial misconduct is not merely “legal error, negligence, mistake, or insignificant impropriety.” -09, -72 (1984).
- State v. Turner Ariz. Ct. App. Div. 1 2015
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State v. Turner
Ariz. Ct. App. Div. 1 2015
ult of legal error, negligence, mistake, or insignificant impropriety, but, taken as a whole, amounts to intentional conduct which the prosecutor knows to be improper and prejudicial and which he pursues for any improper purpose with indifference to a significant resulting danger of mistrial.’” -39, ¶ 11, -27 (App. 2007) (-09, -72 (1984)).
- State v. Abbott Ariz. Ct. App. Div. 1 2015
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State v. Abbott
Ariz. Ct. App. Div. 1 2015
erely the result of legal error, negligence, mistake, or insignificant impropriety, but, taken as a whole, amounts to intentional conduct which the prosecutor knows to be improper and prejudicial, and which he pursues for any improper purpose with indifference to a significant resulting danger of mistrial.” -39, ¶ 11 (App. 2007) (–09 (1984)).
- Milke v. Mroz 339 P.3d 659 Ariz. Ct. App. Div. 1 2014
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Milke v. Mroz
339 P.3d 659
Ariz. Ct. App. Div. 1 2014
¶ 6 , ¶ 2 , Pool v. Superior Court In & For Pima Cnty.
- State v. Alonzo Ariz. Ct. App. Div. 1 2014
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State v. Alonzo
Ariz. Ct. App. Div. 1 2014
Prosecutorial misconduct is not merely “legal error, negligence, mistake, or insignificant impropriety, but, taken as a whole, amounts to intentional conduct which the prosecutor knows to be improper and prejudicial.” -09, –72 (1984).
- Ceasar v. Hon. campbell/state 336 P.3d 775 Ariz. Ct. App. Div. 1 2014
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Ceasar v. Hon. campbell/state
336 P.3d 775
Ariz. Ct. App. Div. 1 2014
Pima Cnty., we nevertheless find such authority helpful in this case.
- State v. Dozier Ariz. Ct. App. Div. 1 2014
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State v. Dozier
Ariz. Ct. App. Div. 1 2014
See Strickler v. Greene, 527 U.S. 263, 281-82 (1999) (failure to disclose exculpatory evidence); Strickland v. Washington, 466 U.S. 668, 687-92 (1984) (ineffective assistance of counsel); Napue v. Illinois, 360 U.S. 264, 269-71 (1959) (false testimony); -53, -30 (1989) (newly discovered evidence); (prosecutorial misconduct).
- State v. Romero Ariz. Ct. App. Div. 1 2014
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State v. Romero
Ariz. Ct. App. Div. 1 2014
OMERO Decision of the Court whole, amounts to intentional conduct which the prosecutor knows to be improper and prejudicial and which he pursues for any improper purpose with indifference to a significant resulting danger of mistrial.'" -39, ¶ 11, -27 (App. 2007) (-09, -72 (1984)).
- State v. Ramos 330 P.3d 987 Ariz. Ct. App. Div. 1 2014
- State v. Ramos 330 P.3d 987 Ariz. Ct. App. Div. 1 2014
- State v. Varela Ariz. Ct. App. Div. 1 2014
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State v. Varela
Ariz. Ct. App. Div. 1 2014
-09, -72 (1984) (noting prosecutorial misconduct is not merely “legal error, negligence, mistake, or insignificant impropriety, but, taken as a whole, amounts to intentional conduct which the prosecutor knows to be improper and prejudicial .
- State v. Cummings Ariz. Ct. App. Div. 1 2014
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State v. Cummings
Ariz. Ct. App. Div. 1 2014
Prosecutorial misconduct is “conduct that is not merely the result of legal error, negligence, mistake, or insignificant impropriety, but, taken as a whole, amounts to intentional conduct which the prosecutor knows to be improper and prejudicial.” ¶ 36, (-09, -72 (1984)) (internal quotation marks omitted).
- State v. Chavez-Tavena Ariz. Ct. App. Div. 1 2014
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State v. Chavez-Tavena
Ariz. Ct. App. Div. 1 2014
r knows to be improper and prejudicial and which he pursues for any improper purpose with indifference to a significant resulting danger of mistrial.’” 5 -39 ¶ 11, -27 (App. 2007) (-09, -72 (1984)).
- State v. Dyer Ariz. Ct. App. Div. 1 2014
- State v. Dyer Ariz. Ct. App. Div. 1 2014
- State v. Wilson Ariz. Ct. App. Div. 1 2014
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State v. Wilson
Ariz. Ct. App. Div. 1 2014
egal error, negligence, mistake, or insignificant impropriety, but, taken as a whole, amounts to intentional conduct which the prosecutor knows to be improper and prejudicial and which he pursues for any improper purpose with indifference to a significant resulting danger of mistrial.’” -39 ¶ 11, -27 (App. 2007) (-09, -72 (1984)).
- State of Arizona v. Christopher Mathew Payne 306 P.3d 17 Ariz. 2013
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State of Arizona v. Christopher Mathew Payne
306 P.3d 17
Ariz. 2013
¶116 Counsel’s “[s]uggestion by question or innuendo of unfavorable matter which is not in evidence and which would be irrelevant, or for which no proof exists[,] is improper and can constitute misconduct.” Pool v. Superior Court (Fahringer)
- State v. Loney 287 P.3d 836 Ariz. Ct. App. Div. 1 2012
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State v. Loney
287 P.3d 836
Ariz. Ct. App. Div. 1 2012
osecutorial misconduct “is not merely the result of legal error, negligence, mistake, or insignificant impropriety, but, taken as a whole, amounts to intentional conduct which the prosecutor knows to be improper and prejudicial, and which he pursues for any improper purpose with indifference to a significant resulting danger of mistrial or reversal.” -09 , -72 (1984).