Cited by

Opinions in Arizona that cite State v. Correll, 715 P.2d 721.

153 citing documents.

  • State v. Doty 307 P.3d 69 Ariz. Ct. App. Div. 1 2013
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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.”).
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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