Cited by
Opinions in Arizona that cite State v. Turrentine, 730 P.2d 238.
- State of Arizona v. Jerry Charles Holle 358 P.3d 639 Ariz. Ct. App. Div. 2 2015
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State of Arizona v. Jerry Charles Holle
358 P.3d 639
Ariz. Ct. App. Div. 2 2015
that the actor be motivated by a ‘sexual interest’”); (sufficient evidence to support finding of sexual interest).
- Washington v. Pellerito Ariz. Ct. App. Div. 1 2014
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Washington v. Pellerito
Ariz. Ct. App. Div. 1 2014
“[C]lear and convincing evidence is more than a preponderance of the evidence but less than proof beyond a reasonable doubt.”
- State of Arizona v. Oscar Castillo Mendoza 321 P.3d 424 Ariz. Ct. App. Div. 2 2014
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State of Arizona v. Oscar Castillo Mendoza
321 P.3d 424
Ariz. Ct. App. Div. 2 2014
But “[w]e will not reverse simply because a better instruction could have been given.”
- In Re Mh 2008-002596 219 P.3d 242 Ariz. Ct. App. Div. 1 2009
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In Re Mh 2008-002596
219 P.3d 242
Ariz. Ct. App. Div. 1 2009
This standard is “proof that will produce in the mind of the trier of facts a firm belief or conviction as to the issue sought to be proved.” State v. Cañez, ¶ 76 , ( , )
- State v. Cañez 42 P.3d 564 Ariz. 2002
- State v. Canez 42 P.3d 564 Ariz. 2002
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State v. Cañez
42 P.3d 564
Ariz. 2002
(“[A] ‘firm belief or conviction’ is truer to the clear and convincing standard____”) ( , (“Clear and convincing evidence is that measure or degree of proof that will produce in the mind of the trier of facts a firm belief or conviction as to the issue sought to be proved.”)).
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State v. Canez
42 P.3d 564
Ariz. 2002
.”) ( (“Clear and convincing evidence is that measure or degree of proof that will produce in the mind of the trier of facts a firm belief or conviction as to the issue sought to be proved.”)).
- State v. Wilson 26 P.3d 1161 Ariz. Ct. App. Div. 2 2001
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State v. Wilson
26 P.3d 1161
Ariz. Ct. App. Div. 2 2001
(by raising issue of sanity and calling physicians to testify, defendant “necessarily opened the door to statements he had made to the physicians”).
- State v. Farley 19 P.3d 1258 Ariz. Ct. App. Div. 1 2001
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State v. Farley
19 P.3d 1258
Ariz. Ct. App. Div. 1 2001
(requiring defendant to prove insanity does not offend Arizona Due Process Clause).
- State v. Hughes 969 P.2d 1184 Ariz. 1998
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State v. Hughes
969 P.2d 1184
Ariz. 1998
(holding that Rule 19.1(a), Arizona Rules of Criminal Procedure, gives the trial court discretion whether to allow surrebuttal by defendant on the insanity defense).
- State v. Uriarte 981 P.2d 575 Ariz. Ct. App. Div. 1 1998
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State v. Uriarte
981 P.2d 575
Ariz. Ct. App. Div. 1 1998
er evidence adduced at trial satisfied the clear-and-convincing test); Terrazas, 189 Ariz. at 584 , 944 P.2d at 1198 (assessing whether evidence admitted under preponderance standard would have been admitted under clear-and-convincing standard); -23 , -43 (1988) ( , but preferring to define “clear and convincing” as “highly probable,” , ).
- State v. Riggs 925 P.2d 714 Ariz. Ct. App. Div. 1 1996
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State v. Riggs
925 P.2d 714
Ariz. Ct. App. Div. 1 1996
(error in admitting evidence already admitted to by defendant is essentially harmless).
- State v. Jones 895 P.2d 1006 Ariz. Ct. App. Div. 1 1994
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State v. Jones
895 P.2d 1006
Ariz. Ct. App. Div. 1 1994
In accepting the appellant’s argument, the supreme court referred to a , which defined clear and convincing evidence as “that ...
- State v. Zimmerman 802 P.2d 1024 Ariz. Ct. App. Div. 1 1990
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State v. Zimmerman
802 P.2d 1024
Ariz. Ct. App. Div. 1 1990
We agree with Division Two’s , which held that it is up to the trial court’s discretion whether to allow surrebuttal argument when the defendant bears the burden of proof on insanity.
- State v. Lindeken 799 P.2d 23 Ariz. Ct. App. Div. 1 1990
- State v. Lindeken 799 P.2d 23 Ariz. Ct. App. Div. 1 1990
- In Re Pima County Juvenile Appeal No. 74802-2 790 P.2d 723 Ariz. 1990
- In Re Pima County Juvenile Appeal No. 74802-2 790 P.2d 723 Ariz. 1990
- State v. King 763 P.2d 239 Ariz. 1988
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State v. King
763 P.2d 239
Ariz. 1988
We do not believe, however, that informing*the jury that proof beyond a reasonable doubt is a greater burden than proof by clear and convincing evidence cures an explicit instruction that at some length, and in minute detail, erroneously explains just what is meant by “clear and convincing.” In advancing its argument on this point
- State v. Lundstrom 759 P.2d 631 Ariz. Ct. App. Div. 1 1988
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State v. Lundstrom
759 P.2d 631
Ariz. Ct. App. Div. 1 1988
a case in which a criminal defendant unsuccessfully claimed insanity, Division Two found that the trial court had incorrectly defined “clear and convincing evidence,” but that its definitional error did not require reversal.
- State v. Leonardo 751 P.2d 598 Ariz. Ct. App. Div. 1 1987
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State v. Leonardo
751 P.2d 598
Ariz. Ct. App. Div. 1 1987
This was, without regard to other circumstances, , noted in Renforth .
- State v. Renforth 746 P.2d 1315 Ariz. Ct. App. Div. 1 1987
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State v. Renforth
746 P.2d 1315
Ariz. Ct. App. Div. 1 1987
at 1808, 60 L.Ed.2d at 329
- State v. Tallabas 746 P.2d 491 Ariz. Ct. App. Div. 1 1987
- State v. Tallabas 746 P.2d 491 Ariz. Ct. App. Div. 1 1987
- State v. Bowling 726 P.2d 1099 Ariz. Ct. App. Div. 2 1986
- State v. Bowling 726 P.2d 1099 Ariz. Ct. App. Div. 2 1986