Cited by
Opinions in Arizona that cite State v. Smith, 561 P.2d 739.
- State v. Madsen Ariz. Ct. App. Div. 1 2016
- State v. Madsen Ariz. Ct. App. Div. 1 2016
- State v. Tabor Ariz. Ct. App. Div. 1 2016
- State v. Tabor Ariz. Ct. App. Div. 1 2016
- State v. Stroble Ariz. Ct. App. Div. 1 2016
- State v. Stroble Ariz. Ct. App. Div. 1 2016
- State v. Miller Ariz. Ct. App. Div. 1 2016
- State v. Miller Ariz. Ct. App. Div. 1 2016
- State v. Benally Ariz. Ct. App. Div. 1 2015
- State v. Benally Ariz. Ct. App. Div. 1 2015
- State v. Remy-Apodaca Ariz. Ct. App. Div. 1 2015
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State v. Remy-Apodaca
Ariz. Ct. App. Div. 1 2015
-20, -44 (1977) (finding no error in lack of voluntariness hearing where defendant did not object to admission of his statements)
- State v. Toledo Ariz. Ct. App. Div. 1 2015
- State v. Toledo Ariz. Ct. App. Div. 1 2015
- State v. Guarino Ariz. Ct. App. Div. 1 2014
- State v. Guarino Ariz. Ct. App. Div. 1 2014
- State v. Wade Ariz. Ct. App. Div. 1 2014
- State v. Wade Ariz. Ct. App. Div. 1 2014
- State v. Roseberry 111 P.3d 402 Ariz. 2005
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State v. Roseberry
111 P.3d 402
Ariz. 2005
at 450, ¶ 86, 94 P.3d at 1145 ( ).
- State v. Moody 94 P.3d 1119 Ariz. 2004
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State v. Moody
94 P.3d 1119
Ariz. 2004
4 We find no error in the trial judge’s conduct, and certainly none that constitutes “error of such dimensions that it cannot be said it is possible for [the] defendant to have had a fair trial.”
- State v. Prasertphong 75 P.3d 675 Ariz. 2003
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State v. Prasertphong
75 P.3d 675
Ariz. 2003
( , ); State v. (Jessie) Lopez
- State v. Sucharew 66 P.3d 59 Ariz. Ct. App. Div. 1 2003
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State v. Sucharew
66 P.3d 59
Ariz. Ct. App. Div. 1 2003
Error is fundamental when it goes to the foundation of the defendant’s case or is “of such dimensions that it cannot be said it is possible for a defendant to have had a fair trial.”
- State v. Montaño 65 P.3d 61 Ariz. 2003
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State v. Montaño
65 P.3d 61
Ariz. 2003
¶ 40 “Fundamental error is error of such dimensions that it cannot be said it is possible for a defendant to have had a fair trial.”
- State v. Prince 61 P.3d 450 Ariz. 2003
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State v. Prince
61 P.3d 450
Ariz. 2003
(“Fundamental error is error of such dimensions that it cannot be said it is possible for a defendant to have had a fair trial.”) ( , ).
- State v. Jones 917 P.2d 200 Ariz. 1996
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State v. Jones
917 P.2d 200
Ariz. 1996
(defining fundamental error as “error of such dimensions that it cannot be said it is possible for a defendant to have had a fair trial”).
- State v. Millanes 885 P.2d 106 Ariz. Ct. App. Div. 1 1994
- State v. Millanes 885 P.2d 106 Ariz. Ct. App. Div. 1 1994
- State v. Freeland 863 P.2d 263 Ariz. Ct. App. Div. 1 1993
- State v. Freeland 863 P.2d 263 Ariz. Ct. App. Div. 1 1993
- State v. Hill 848 P.2d 1375 Ariz. 1993
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State v. Hill
848 P.2d 1375
Ariz. 1993
at 155 , 812 P.2d at 628 ( , ).
- State v. Pereida 825 P.2d 975 Ariz. Ct. App. Div. 2 1992
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State v. Pereida
825 P.2d 975
Ariz. Ct. App. Div. 2 1992
“Fundamental error is error of such dimensions that it cannot be said it is possible for a defendant to have had a fair trial.”
- State v. Gendron 812 P.2d 626 Ariz. 1991
- State v. Gendron 812 P.2d 626 Ariz. 1991
- State v. Hernandez 805 P.2d 1057 Ariz. Ct. App. Div. 1 1990
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State v. Hernandez
805 P.2d 1057
Ariz. Ct. App. Div. 1 1990
Fundamental error has been defined as error going to the foundation of the case or taking an essential right from the defendant, and as “error of such dimensions that it cannot be said it is possible for a defendant to have had a fair trial.” -36 , -18 (1981)
- State v. Georgeoff 788 P.2d 1185 Ariz. 1990
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State v. Georgeoff
788 P.2d 1185
Ariz. 1990
damental 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. Conner 786 P.2d 948 Ariz. 1990
- State v. Conner 786 P.2d 948 Ariz. 1990