Cited by
Opinions in Arizona that cite State v. Muniz-Caudillo, 914 P.2d 1353.
- State v. Melendez Ariz. Ct. App. Div. 1 2025
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State v. Melendez
Ariz. Ct. App. Div. 1 2025
¶16 Thus, although Melendez was “technically without personal notice of his trial date,” he failed to appear at any proceedings after the Donald hearing or “keep in contact with trial counsel to ascertain his trial date.”
- State of Arizona v. Analysya Contreras 557 P.3d 345 Ariz. Ct. App. Div. 2 2024
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State of Arizona v. Analysya Contreras
557 P.3d 345
Ariz. Ct. App. Div. 2 2024
We otherwise review the trial court’s decision to try Contreras in absentia for an abuse of discretion, considering her absence “in light of the whole record,” (quoting United States v. Gagnon, 470 U.S. 522, 527 (1985)).
- State v. McShea Ariz. Ct. App. Div. 1 2022
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State v. McShea
Ariz. Ct. App. Div. 1 2022
proceeding against h[er] may be found to have waived h[er] right to be present there if the record indicates criminal proceedings commenced in h[er] presence, that [s]he absconded knowing of h[er] right to attend future proceedings, and that h[er] disappearance has made it [im]possible to contact h[er] with reference to these proceedings.” Cook, 115 Ariz. at 149; (concluding 4 STATE v. MCSHEA Decision of the Court superior court properly found the defendant’s absence voluntary, even though the d
- State v. Rowan Ariz. Ct. App. Div. 1 2022
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State v. Rowan
Ariz. Ct. App. Div. 1 2022
(absence voluntary where defendant did not have personal notice of the continued trial dates but failed to maintain contact with counsel or appear at subsequent proceedings despite the superior court admonishing defendant of the consequences of absence).
- State v. Getscher Ariz. Ct. App. Div. 1 2019
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State v. Getscher
Ariz. Ct. App. Div. 1 2019
(“The trial court may infer that a defendant’s absence is voluntary if the defendant had personal knowledge of the time of the proceeding, his right to be present, and the warning that the proceeding would take place in his absence if he failed to appear.”) ( (198
- State v. Pintarich Ariz. Ct. App. Div. 1 2019
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State v. Pintarich
Ariz. Ct. App. Div. 1 2019
The court may infer that a defendant’s absence is voluntary if the defendant had actual notice of the date and time of the proceeding, notice of the right to be present, and notice that the proceeding would go forward in the defendant’s absence.”); ().
- State v. Carter Ariz. Ct. App. Div. 1 2019
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State v. Carter
Ariz. Ct. App. Div. 1 2019
P. 9.1 (“[A] defendant’s voluntary absence waives the right to be present at any proceeding.”); (“The trial court may infer that a defendant’s absence is voluntary if the defendant had personal knowledge of the time of the proceeding, his right to be present, and the warning that the proceeding would take place in his absence if he failed to appear.”).
- State v. Henderson Ariz. Ct. App. Div. 1 2019
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State v. Henderson
Ariz. Ct. App. Div. 1 2019
see also Brewer v. Raines, 670 F.2d 117, 119 (9th Cir. 1982).
- State v. Woods Ariz. Ct. App. Div. 1 2018
- State v. Woods Ariz. Ct. App. Div. 1 2018
- State v. Yellowhair Ariz. Ct. App. Div. 1 2018
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State v. Yellowhair
Ariz. Ct. App. Div. 1 2018
“The trial court may infer that a defendant’s absence is voluntary if the defendant had personal knowledge of the time of the proceeding, his right to be present, and the warning that the proceeding would take place in his absence if he failed to appear.” (citation omitted); see also Ariz. R. Crim.
- State v. Tepper Ariz. Ct. App. Div. 1 2017
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State v. Tepper
Ariz. Ct. App. Div. 1 2017
A trial court “may infer that a defendant’s absence is voluntary if the defendant had personal knowledge of the time of the proceeding, his right to be present, and the warning that the proceeding would take place in his absence if he failed to appear.”
- State v. Tabor Ariz. Ct. App. Div. 1 2016
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State v. Tabor
Ariz. Ct. App. Div. 1 2016
(defendant was found to be voluntarily absent, even without actual notice of trial date, when informed that failure to attend pretrial conference could result in a trial in absentia).
- State v. Gurule Ariz. Ct. App. Div. 1 2016
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State v. Gurule
Ariz. Ct. App. Div. 1 2016
“The trial court may infer that a defendant's absence is voluntary if the defendant had personal knowledge of the time of the proceeding, his right to be present, and the warning that the proceeding would take place in his absence if he failed to appear.”
- State v. Dickenson Ariz. Ct. App. Div. 1 2015
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State v. Dickenson
Ariz. Ct. App. Div. 1 2015
“The trial court may infer that a defendant’s absence is voluntary if the defendant had personal knowledge of the time of the proceeding, his right to be present, and the warning that the proceeding would take place in his absence if he failed to appear.”
- State v. Bradley Ariz. Ct. App. Div. 1 2015
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State v. Bradley
Ariz. Ct. App. Div. 1 2015
“The trial court may infer that a defendant’s absence is voluntary if the defendant had personal knowledge of the time of the proceeding, his right to be present, and the warning that the proceedings would take place in his absence if he failed to appear.”
- State v. Miller Ariz. Ct. App. Div. 1 2015
- State v. Miller Ariz. Ct. App. Div. 1 2015
- State v. Talibuddin Ariz. Ct. App. Div. 1 2014
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State v. Talibuddin
Ariz. Ct. App. Div. 1 2014
-28, ¶¶ 12-14, -43 (App. 2005); (holding absence voluntary where defendant did not have personal notice of trial date, but failed to stay in contact with trial counsel to ascertain trial date).
- State v. Walker 95 P.3d 555 Ariz. Ct. App. Div. 1 2004
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State v. Walker
95 P.3d 555
Ariz. Ct. App. Div. 1 2004
See Muniz-Caudillo, , (trial judge did not abuse its discretion even though defendant did not have actual notice of trial date); see also Ochoa, , (no abuse of discretion even though defendant did not have personal notice of his trial date).
- State v. Whitley 85 P.3d 116 Ariz. Ct. App. Div. 1 2004
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State v. Whitley
85 P.3d 116
Ariz. Ct. App. Div. 1 2004
(reviewing the trial court's decision to go forward with the defendant's trial in absentia for abuse of discretion).
- State v. Dann 74 P.3d 231 Ariz. 2003
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State v. Dann
74 P.3d 231
Ariz. 2003
Gagnon, 470 U.S. at 528-29 , 105 S.Ct.
- State v. Reed 992 P.2d 1132 Ariz. Ct. App. Div. 2 1999
- State v. Reed 992 P.2d 1132 Ariz. Ct. App. Div. 2 1999
- State v. Holm 985 P.2d 527 Ariz. Ct. App. Div. 2 1998
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State v. Holm
985 P.2d 527
Ariz. Ct. App. Div. 2 1998
“The trial court may infer that a defendant’s absence is voluntary if the defendant had personal knowledge of the time of the proceeding, his right to be present, and the warning that the proceeding would take place in his absence if he failed to appear.”