Cited by
Opinions in Arizona that cite State v. Gamble, 523 P.2d 53.
- State v. Boles 905 P.2d 572 Ariz. Ct. App. Div. 1 1995
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State v. Boles
905 P.2d 572
Ariz. Ct. App. Div. 1 1995
An error is fundamental if it disrupts “the foundation of the case or takes from the defendant a right essential to his defense.” Thomas, 130 Ariz. at 435 , 636 P.2d at 1217 ( ).
- State v. Arnoldi 860 P.2d 503 Ariz. Ct. App. Div. 2 1993
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State v. Arnoldi
860 P.2d 503
Ariz. Ct. App. Div. 2 1993
Fundamental error is error that “goes to the foundation of the case or takes from a defendant a right essential to Ms defense.”
- State v. Georgeoff 788 P.2d 1185 Ariz. 1990
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State v. Georgeoff
788 P.2d 1185
Ariz. 1990
As we have previously stated: Error is fundamental when it reaches “ ‘the foundation of the case or takes from the defendant a right essential to his defense,’ ” or is an “ ‘error of such dimensions that it cannot be said it is possible for a defendant to have had a fair trial.’ ” -36 , -18 (1982) ( , , ).
- State v. Serna 787 P.2d 1056 Ariz. 1990
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State v. Serna
787 P.2d 1056
Ariz. 1990
*267 Error is fundamental when it reaches “the foundation of the case or takes from the defendant a right essential to his defense,” , or is an “error of such dimension that it cannot be said it is possible for a defendant to have had a fair trial.”
- State v. Walton 769 P.2d 1017 Ariz. 1989
- State v. Walton 769 P.2d 1017 Ariz. 1989
- State v. King 763 P.2d 239 Ariz. 1988
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State v. King
763 P.2d 239
Ariz. 1988
Error is fundamental when it reaches “ ‘the foundation of the case or takes from the defendant a right essential to his defense,’ ” or is an “ ‘error of such dimensions that it cannot be said it is possible for a defendant to have had a fair trial.’ ” -36 , -18 (1982) ( , , ).
- State v. Allen 755 P.2d 1153 Ariz. 1988
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State v. Allen
755 P.2d 1153
Ariz. 1988
Fundamental error is defined as “such error as goes to the foundation of the case or takes from a defendant a right essential to his defense.”
- State v. Garcia 731 P.2d 610 Ariz. Ct. App. Div. 1 1986
- State v. Garcia 731 P.2d 610 Ariz. Ct. App. Div. 1 1986
- State v. Stone 728 P.2d 674 Ariz. Ct. App. Div. 1 1986
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State v. Stone
728 P.2d 674
Ariz. Ct. App. Div. 1 1986
The court noted: Fundamental error has been variously defined by this court as ‘such error as goes to the foundation of the case or takes from the defendant a right essential to his defense,’ , and as ‘error of such dimensions that it cannot be said it is impossible for a defendant to have had a fair trial.’
- State v. Tyler 718 P.2d 214 Ariz. Ct. App. Div. 1 1986
- State v. Fendler 622 P.2d 23 Ariz. Ct. App. Div. 1 1980
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State v. Fendler
622 P.2d 23
Ariz. Ct. App. Div. 1 1980
While it is a fundamental principle of law that a defendant is entitled to an instruction on a defensive theory for which there is any foundation in the evidence, , P.2d 53 (1974); there was no evidence presented at trial that appellant or anyone else ever consulted attorney David M. West or any other counsel concerning the propriety of the entries associated with adjusting journal entry 74-1.
- State v. Mata 609 P.2d 48 Ariz. 1980
- State v. Mata 609 P.2d 48 Ariz. 1980
- State v. Stanley 597 P.2d 998 Ariz. Ct. App. Div. 1 1979
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State v. Stanley
597 P.2d 998
Ariz. Ct. App. Div. 1 1979
Fundamental error is “ ‘such error as goes to the foundation of the case, or which takes from the defendant a right essential to his defense.’ ”
- State v. Ethington 592 P.2d 768 Ariz. 1979
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State v. Ethington
592 P.2d 768
Ariz. 1979
Fundamental error is “such error as goes to the foundation of the case, or which takes from the defendant a right essential to his defense.”
- State v. Para 583 P.2d 1346 Ariz. Ct. App. Div. 1 1978
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State v. Para
583 P.2d 1346
Ariz. Ct. App. Div. 1 1978
where the inadequate instruction did not prejudice the defendant.
- State v. Bean 581 P.2d 257 Ariz. Ct. App. Div. 2 1978
- State v. Bean 581 P.2d 257 Ariz. Ct. App. Div. 2 1978
- State v. Collins 528 P.2d 829 Ariz. 1974
- State v. Collins 528 P.2d 829 Ariz. 1974