Cited by
Opinions in Arizona that cite State v. Correll, 715 P.2d 721.
- State v. Doty 307 P.3d 69 Ariz. Ct. App. Div. 1 2013
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State v. Doty
307 P.3d 69
Ariz. Ct. App. Div. 1 2013
-77 , -30 (1986) (concluding, under similar circumstances, that the trial court did not abuse its discretion in denying a motion for mistrial); , (“A declaration of a mistrial is the most dramatic remedy for trial error and sho
- State v. Wallace 272 P.3d 1046 Ariz. 2012
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State v. Wallace
272 P.3d 1046
Ariz. 2012
Sess.), they cannot serve to make Wallace death- eligible, see also Wallace III, 219 Ariz. at 6 n.4 ¶ 25, 191 P.3d at 169 n.4.
- State v. Womble 235 P.3d 244 Ariz. 2010
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State v. Womble
235 P.3d 244
Ariz. 2010
we have also found that depravity is indicated where defendant admitted he committed the murder to prevent the victim from testifying against him concerning a felony that occurred contemporaneously with the murder.” (citing 7 The following five factors support a finding of heinousness or depravity: (1) relishing; (2) infliction of gratuitous violence; (3) needless mutilation of the victim; (4) senselessness of the crime; and (5) helplessness of the victim.
- State v. Wallace 191 P.3d 164 Ariz. 2008
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State v. Wallace
191 P.3d 164
Ariz. 2008
Sess.), and cannot serve in this case to make Wallace death-eligible
- State v. Aguilar 178 P.3d 497 Ariz. Ct. App. Div. 2 2008
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State v. Aguilar
178 P.3d 497
Ariz. Ct. App. Div. 2 2008
See Garcia, , 151 P.3d at 536 ; , V 191, (change in law on temporary intoxication “was substantive because it deprived Moody of a defense” and, therefore, did not apply to his case); -82 , -35 (1986) (retroactive application of new, statutory sentencing aggravator violated constitutional ex post facto prohibition); , , 1391 (1984) (change in statute on insanity defense not retroactive).
- State v. McCray 183 P.3d 503 Ariz. 2008
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State v. McCray
183 P.3d 503
Ariz. 2008
-79, -32 (1986) (considering a California robbery conviction with firearm enhancement in determining if (F)(2) aggravator applied).
- State v. Johnson 133 P.3d 735 Ariz. 2006
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State v. Johnson
133 P.3d 735
Ariz. 2006
¶59 “Ending the life of a human being so that that person cannot testify against the defendant indicates a complete lack of understanding of the value of a human life.” State v. Smith, 35 (noting “depravity is indicated” where witness elimination occurs).
- State v. Fell 115 P.3d 594 Ariz. 2005
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State v. Fell
115 P.3d 594
Ariz. 2005
(holding that a law changing the aggravating circumstances that may be considered in a decision to impose the death penalty for murder under § 13-703 “is a substantive, rather than a procedural, change”).
- State v. Carreon 107 P.3d 900 Ariz. 2005
- State v. Carreon 107 P.3d 900 Ariz. 2005
- State v. Fell 97 P.3d 902 Ariz. Ct. App. Div. 2 2004
- State v. Fell 97 P.3d 902 Ariz. Ct. App. Div. 2 2004
- State v. Moody 94 P.3d 1119 Ariz. 2004
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State v. Moody
94 P.3d 1119
Ariz. 2004
-82 , -35 (1986) (finding that a change in a capital sentencing aggravating factor was a substantive change that required application of the version in effect at the time the offense was committed).
- State v. Smyers 86 P.3d 370 Ariz. 2004
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State v. Smyers
86 P.3d 370
Ariz. 2004
at 482 ¶ 11, 73 P.3d at 613 (citing Luce v. United States, 469 U.S. 38, 43 (1984); ).
- State v. Smyers 73 P.3d 610 Ariz. Ct. App. Div. 1 2003
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State v. Smyers
73 P.3d 610
Ariz. Ct. App. Div. 1 2003
1192 , 140 L.Ed.2d 321 (1998); White, 160 Ariz. at 30 , 770 P.2d at 334 ; , , .
- State v. Ring 65 P.3d 915 Ariz. 2003
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State v. Ring
65 P.3d 915
Ariz. 2003
rev’d in part on other grounds by Correll v. Stewart, 137 F.3d 1404 (9th Cir.1998).
- State v. Cañez 42 P.3d 564 Ariz. 2002
- State v. Canez 42 P.3d 564 Ariz. 2002
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State v. Cañez
42 P.3d 564
Ariz. 2002
cilitate the Mller’s escape and hinder detection for the purpose of successfully procuring something of value, the pecuniary gain motive is present.”); , (even if committed after property had been taken, “the murder was part and parcel of the robbery because it resulted in eliminating the only witness to the crime.”); , (finding pecuniary gain aggravation where “the murders were part of the overall scheme of the robbery with the specific purpose to facilitate the robber’s escape.”).
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State v. Canez
42 P.3d 564
Ariz. 2002
49 detection for the purpose of successfully procuring something of value, the pecuniary gain motive is present.”); (even if committed after property had been taken, “the murder was part and parcel of the robbery because it resulted in eliminating the only witness to the crime.”); (finding pecuniary gain aggravation where “the murders were part of the overall scheme of the robbery with the specific purpose to facilitate the robber’s escape.”).
- State v. Sansing 26 P.3d 1118 Ariz. 2001
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State v. Sansing
26 P.3d 1118
Ariz. 2001
See, , (defendant killed a convenience store clerk to gain access to the cash register; court found “[u]nder the facts of this case (but certainly not of all robberies) the commission of the killing necessarily carried with it the expectation of pecuniary gain”); , (defendant robbed home of victims, then took victims to desert where he shot and killed them; court held that defendant “very carefully executed the armed robbery, and the murders were part of the scheme of robbery.
- State v. Ring 25 P.3d 1139 Ariz. 2001
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State v. Ring
25 P.3d 1139
Ariz. 2001
(helplessness and relishing); , (helplessness and relishing); , (needless mutilation of victim); , (relishing, gratuitous violence, and helplessness); , (gratuitous violence and helplessness).
- State v. Hoskins 14 P.3d 997 Ariz. 2000
- State v. Jones 4 P.3d 345 Ariz. 2000
- State v. Jones 4 P.3d 345 Ariz. 2000
- State v. Gilfillan 998 P.2d 1069 Ariz. Ct. App. Div. 1 2000
- State v. Gilfillan 998 P.2d 1069 Ariz. Ct. App. Div. 1 2000
- State v. Kayer 984 P.2d 31 Ariz. 1999
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State v. Kayer
984 P.2d 31
Ariz. 1999
(noting that pecuniary gain does not exist in every case where “a person has been killed and at the same time defendant has made a financial gain”).
- State v. Trostle 951 P.2d 869 Ariz. 1997
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State v. Trostle
951 P.2d 869
Ariz. 1997
(finding pecuniary gain where the only motivation for murders was to ensure no witnesses to robbery).
- State v. Schackart 947 P.2d 315 Ariz. 1997
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State v. Schackart
947 P.2d 315
Ariz. 1997
(citations omitted) (reaching similar result for new (F)(8) factor);.
- State v. Henry 944 P.2d 57 Ariz. 1997
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State v. Henry
944 P.2d 57
Ariz. 1997
cert, denied, Kemp v. Arizona, — U.S. -, 117 S.Ct.
- State v. Soto-Fong 928 P.2d 610 Ariz. 1996