Cited by

Opinions in Arizona that cite State v. Noleen, 688 P.2d 993.

26 citing documents.

State of Arizona v. Jesus Ismael Rodriguez Ariz. Ct. App. Div. 2 2025
State of Arizona v. Jesus Ismael Rodriguez Ariz. Ct. App. Div. 2 2025
See Byrd, 160 Ariz. at 283; (where defendant initiated interview from which statements were taken and admitted at trial, statements were voluntary and any attempt to challenge voluntariness of those statements “would have been futile”).
State v. Peterson Ariz. Ct. App. Div. 1 2025
State v. Peterson Ariz. Ct. App. Div. 1 2025
manslaughter if the evidence shows the killing was done in the heat of passion,” but Peterson has not cited, and our research has not revealed, any case finding a superior court committed fundamental, prejudicial error by failing to instruct sua sponte a jury on provocation manslaughter.
State v. Calandra Ariz. Ct. App. Div. 1 2024
State v. Calandra Ariz. Ct. App. Div. 1 2024
(holding that counsel’s failure to request a self-defense instruction in murder case did not constitute IAC because defense was based on “the theory of accidental homicide .
State v. Worrell Ariz. Ct. App. Div. 1 2024
State v. Worrell Ariz. Ct. App. Div. 1 2024
As to counsel’s failure to object to the alleged hearsay testimony, counsel “could have refrained from objecting because he did not wish to draw undue attention to the testimony or because he felt the jury might think the defendant was trying to conceal more than was actually revealed by the answers.”
State of Arizona v. Christepher E. Lua 350 P.3d 805 Ariz. 2015
State of Arizona v. Christepher E. Lua 350 P.3d 805 Ariz. 2015
502, 507 ¶ 23, (“In a first degree murder trial, instructions for second degree murder, manslaughter, or negligent homicide are required when supported by the evidence.”); State v. Noleen, 142 5 STATE V. LUA Opinion of the Court Ariz. 101, 107, (“An accused murderer is entitled to an instruction on the lesser-included offense of manslaughter if the evidence shows the killing was done in the heat of passion .
State v. Brown Ariz. Ct. App. Div. 1 2015
State v. Brown Ariz. Ct. App. Div. 1 2015
(holding counsel not ineffective “for failing to make an essentially futile request”); (holding failure to engage in futile act not ineffective assistance of counsel).
State v. Dozier Ariz. Ct. App. Div. 1 2014
State v. Dozier Ariz. Ct. App. Div. 1 2014
(holding failure to engage in futile act not ineffective assistance).
State of Arizona v. Steven John Parker 296 P.3d 54 Ariz. 2013
State of Arizona v. Steven John Parker 296 P.3d 54 Ariz. 2013
(approving flight instruction where defendant left the state and abandoned his car, even though police were not pursuing him and he used his own name when checking in at a motel).
State v. Smith 159 P.3d 531 Ariz. 2007
State v. Smith 159 P.3d 531 Ariz. 2007
State v. Rogovich 932 P.2d 794 Ariz. 1997
State v. Rogovich 932 P.2d 794 Ariz. 1997
1234 , 84 L.Ed.2d 371 (1985) (no error in medical examiner testifying about results shown in laboratory reports not prepared by him); , (no error in medical examiner offering opinion on cause of death based on his reading and interpretation of autopsy report prepared by another medical examiner).
State v. Thornton 929 P.2d 676 Ariz. 1996
State v. Thornton 929 P.2d 676 Ariz. 1996
State v. Dumaine 783 P.2d 1184 Ariz. 1989
State v. Dumaine 783 P.2d 1184 Ariz. 1989
See also State v. Noleen, 142 * P.2d 993 (1984) (where evidence produced by the state tended to show premeditation and defendant’s testimony showed accidental killing no instruction on lesser included offense required); , (involuntary manslaughter instruction inappropriate where defendant intentionally pull
State v. Lamb 690 P.2d 764 Ariz. 1984
State v. Lamb 690 P.2d 764 Ariz. 1984