Cited by
Opinions in Arizona that cite State v. Hunter, 688 P.2d 980.
- State of Arizona v. Kwame Roy Lowery 287 P.3d 830 Ariz. Ct. App. Div. 2 2012
- State of Arizona v. Kwame Roy Lowery 287 P.3d 830 Ariz. Ct. App. Div. 2 2012
- State of Arizona v. Rohan Livingston Butler 286 P.3d 1074 Ariz. Ct. App. Div. 2 2012
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State of Arizona v. Rohan Livingston Butler
286 P.3d 1074
Ariz. Ct. App. Div. 2 2012
10 ¶22 Fundamental error is “‘error going to the foundation of the case, error that takes from the defendant a right essential to his defense, and error of such magnitude that the defendant could not possibly have received a fair trial.’”
- Ruben M. v. Arizona Department of Economic Security 282 P.3d 437 Ariz. Ct. App. Div. 1 2012
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Ruben M. v. Arizona Department of Economic Security
282 P.3d 437
Ariz. Ct. App. Div. 1 2012
¶ 16 Fundamental error is error that goes “to the foundation of the case, error that takes from the defendant a right essential to his defense, and error of such magnitude that the defendant could not possibly have received a fair trial.” ¶ 19 , ( , ).
- State of Arizona v. Francisco Antonio Lopez 279 P.3d 640 Ariz. Ct. App. Div. 2 2012
- State of Arizona v. Francisco Antonio Lopez 279 P.3d 640 Ariz. Ct. App. Div. 2 2012
- State v. Flores 260 P.3d 309 Ariz. Ct. App. Div. 1 2011
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State v. Flores
260 P.3d 309
Ariz. Ct. App. Div. 1 2011
Fundamental error is “ ‘error going to the foundation of the case, error that takes from the defendant a right essential to his defense, and error of such magnitude that the defendant could not possibly have received a fair trial.’” ¶ 19, ( , ).
- State v. Gray 258 P.3d 242 Ariz. Ct. App. Div. 2 2011
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State v. Gray
258 P.3d 242
Ariz. Ct. App. Div. 2 2011
Id., , ("A conviction based on insufficient evidence constitutes fundamental error.”).
- State of Arizona v. James Charles Ray Ariz. Ct. App. Div. 2 2010
- State of Arizona v. James Charles Ray Ariz. Ct. App. Div. 2 2010
- State v. Kinney 241 P.3d 914 Ariz. Ct. App. Div. 2 2010
- State v. Kinney 241 P.3d 914 Ariz. Ct. App. Div. 2 2010
- State v. Rios 237 P.3d 1052 Ariz. Ct. App. Div. 1 2010
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State v. Rios
237 P.3d 1052
Ariz. Ct. App. Div. 1 2010
at 568, ¶ 25 , 115 P.3d at 608 (holding erroneously instructing the jury on burden of proof fundamental error); , (finding fundamental error when "[t]he [jury] instructions did not make it clear that appellant's burden as to self-defense was limited to raising a reasonable doubt and that the burden of the state was then to disprove beyond a reasonable doubt that appellant acted in self defense").
- State v. Hargrave 234 P.3d 569 Ariz. 2010
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State v. Hargrave
234 P.3d 569
Ariz. 2010
- 6 - received a fair trial.” ¶ 19, ( ).
- State of Arizona v. Maxamilano Paredes-Solano Ariz. Ct. App. Div. 2 2009
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State of Arizona v. Maxamilano Paredes-Solano
Ariz. Ct. App. Div. 2 2009
“[T]here is a class of 4 Fundamental error is “error going to the foundation of the case, error that takes from the defendant a right essential to his defense, and error of such magnitude that the defendant could not possibly have received a fair trial.”
- State v. Haney 219 P.3d 274 Ariz. Ct. App. Div. 1 2009
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State v. Haney
219 P.3d 274
Ariz. Ct. App. Div. 1 2009
Fundamental error is “error going to the foundation of a case, error that takes from the defendant a right essential to his defense, and error of such magnitude that the defen *67 dant could not possibly have received a fair trial.” ¶ 19 , ( , ).
- State v. McKenna 214 P.3d 1037 Ariz. Ct. App. Div. 2 2009
- State v. McKenna 214 P.3d 1037 Ariz. Ct. App. Div. 2 2009
- State of Arizona v. Javier Fimbres Ariz. Ct. App. Div. 2 2009
- State of Arizona v. Javier Fimbres Ariz. Ct. App. Div. 2 2009
- State v. Bearup 211 P.3d 684 Ariz. 2009
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State v. Bearup
211 P.3d 684
Ariz. 2009
(quoting State v. Hunter, 142 Ariz. 88, 90, ).
- State v. Valverde 208 P.3d 233 Ariz. 2009
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State v. Valverde
208 P.3d 233
Ariz. 2009
¶6 The court of appeals, concluded that “failure to properly instruct the jury regarding the defendant’s burden of proof on self-defense is fundamental error.” Valverde, 220 Ariz. at 174 ¶ 10, 204 P.3d at 432.
- State of Arizona v. Shawn De Nean Edmisten Ariz. Ct. App. Div. 2 2009
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State of Arizona v. Shawn De Nean Edmisten
Ariz. Ct. App. Div. 2 2009
Fundamental error involves “‘error going to the foundation of the case, error that takes from the defendant a right essential to his defense, and error of such magnitude that the defendant could not possibly have received a fair trial.’” Henderson, 115 P.3d at 607
- State v. Valverde 204 P.3d 429 Ariz. Ct. App. Div. 1 2009
- State v. Valverde 204 P.3d 429 Ariz. Ct. App. Div. 1 2009
- State v. Karr 212 P.3d 11 Ariz. Ct. App. Div. 1 2008
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State v. Karr
212 P.3d 11
Ariz. Ct. App. Div. 1 2008
¶ 17 , for the proposition that the failure to instruct the jury regarding the burden of proof on self-defense constitutes fundamental error even when the jury is correctly instructed regarding the State’s general burden of proof.
- State of Arizona v. Alvin Edward Williams Ariz. Ct. App. Div. 2 2008
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State of Arizona v. Alvin Edward Williams
Ariz. Ct. App. Div. 2 2008
Fundamental error is “‘error going to the foundation of the case, error that takes from the defendant a right essential to his defense, and error of such magnitude that the defendant could not possibly have received a fair trial.’” Henderson, 115 P.3d at 607
- State of Arizona v. Luis Enrique Ortega Ariz. Ct. App. Div. 2 2008
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State of Arizona v. Luis Enrique Ortega
Ariz. Ct. App. Div. 2 2008
Fundamental error is “‘error going to the foundation of the case, error that takes from the defendant a right essential to his defense, and error of such magnitude that the defendant could not possibly have received a fair trial.’” Id.
- State of Arizona v. Robert Carlos Garcia Ariz. Ct. App. Div. 2 2008
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State of Arizona v. Robert Carlos Garcia
Ariz. Ct. App. Div. 2 2008
iled to object at trial, we review the instructions for fundamental error only, that is, for “‘error going to the foundation of the case, error that takes from the defendant a right essential to his defense, and error of such magnitude that the defendant could not possibly have received a fair trial.’”
- State v. Bocharski 189 P.3d 403 Ariz. 2008
- State v. Bocharski 189 P.3d 403 Ariz. 2008
- State v. Tarkington 187 P.3d 94 Ariz. Ct. App. Div. 2 2008
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State v. Tarkington
187 P.3d 94
Ariz. Ct. App. Div. 2 2008
Fundamental error is “ ‘error going to the foundation of the case, error that takes from the defendant a right essential to his defense, and error of such magnitude that the defendant could not possibly have received a fair trial.’ ” Henderson, , 115 P.3d at 607
- State v. Moreno-Medrano 185 P.3d 135 Ariz. Ct. App. Div. 2 2008
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State v. Moreno-Medrano
185 P.3d 135
Ariz. Ct. App. Div. 2 2008
Fundamental error is “ ‘error going to the foundation of the case, error that takes from the defendant a right essential to his defense, and error of such magnitude that the defendant could not possibly have received a fair trial.’ ” Id.