Cited by
Opinions in Arizona that cite Andro v. Andro, 401 P.2d 404.
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State of Arizona v. Jason Eugene Bush
423 P.3d 370
Ariz. 2018
v. Armstrong , , 281, , 308 (1968) (stating that "[i]t is the duty of a trial court to hold a hearing as to voluntariness of a statement or confession, if a question as to its voluntariness is raised-either by the attorneys, or one is presented by the evidence" (quoting State v. Goodyear , , 248, ) ); State v. Simoneau , , 7, (stating that "where no question is presented to the court either by counsel or by the evidence at the trial suggesting that a confession is involuntary, there is no issue
- State of Arizona v. Christopher Mathew Payne 306 P.3d 17 Ariz. 2013
- State v. Peterson 267 P.3d 1197 Ariz. Ct. App. Div. 2 2011
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State v. Jessen
657 P.2d 871
Ariz. 1982
We have said that “[ejach case must stand on its own facts as to whether it should be remanded to the trial judge for a limited hearing to determine whether a confession is voluntary or whether a new trial should be granted.”
- Marce v. Bailey 636 P.2d 1225 Ariz. Ct. App. Div. 1 1979
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Marce v. Bailey
636 P.2d 1225
Ariz. Ct. App. Div. 1 1979
rehearing denied, , Evans v. Evans, 17 Ariz.App.
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State v. Calhoun
563 P.2d 914
Ariz. Ct. App. Div. 1 1977
State v. Greer, 17 Ariz.App.
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State v. Dykes
562 P.2d 1090
Ariz. Ct. App. Div. 1 1977
Similarly, , the problem of a defendant’s silence was in issue.
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State v. Knaubert
550 P.2d 1095
Ariz. Ct. App. Div. 1 1976
Our Supreme Court has held that “each case must stand on its own facts as to whether it should be remanded to the trial judge for a limited hearing to determine whether a confession is voluntary or whether a new trial should be granted.”
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State v. Finn
528 P.2d 615
Ariz. 1974
State v. Villalobos, 6 Ariz.App.
- State v. Kevil 527 P.2d 285 Ariz. 1974
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State v. Shing
509 P.2d 698
Ariz. 1973
1229 , 14 L.Ed.2d 106 (1965), and two Arizona cases, , and State v. Villalobos, 6 Ariz.App.
- State v. Jefferson 503 P.2d 942 Ariz. 1972
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State v. Greer
496 P.2d 152
Ariz. Ct. App. Div. 1 1972
Defendant relied upon the rule derived from Griffin that the state may not comment upon extrajudicial admissions by silence which occur during the period of custody, , United States v. Arnold, 425 F.2d 204 (10th Cir. 1970); United States v. Nolan, 416 F.2d 588 (10th Cir. 1969), cert.
- Maher v. Maher 495 P.2d 147 Ariz. Ct. App. Div. 2 1972
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Maher v. Maher
495 P.2d 147
Ariz. Ct. App. Div. 2 1972
rehearing denied, 98 Ariz. *23 1 , , Wackerman v. Wackerman, 16 Ariz.App.
- State v. O'DELL 492 P.2d 1160 Ariz. 1972
- Johnson v. Johnson 479 P.2d 721 Ariz. Ct. App. Div. 1 1971
- Johnson v. Johnson 479 P.2d 721 Ariz. Ct. App. Div. 1 1971
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State v. Peats
475 P.2d 238
Ariz. 1970
In State v, Simoneau, , , we said: “Of course, where no question is presented to the court either by counsel or by the evidence at the trial suggesting that a confession is involuntary, there is no issue of fact to be determined by the court in the absence of the jury and no need for a specific ruling.” The statements of the United Stat
- Brown v. Brown 459 P.2d 115 Ariz. Ct. App. Div. 2 1969
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Brown v. Brown
459 P.2d 115
Ariz. Ct. App. Div. 2 1969
rehearing denied , ; Hoffman v. Hoffman, 4 Ariz.App.
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State v. McAlvain
454 P.2d 987
Ariz. 1969
Although we agree with the result reached in the Villalobos case
- State v. Thomas 454 P.2d 153 Ariz. 1969
- State v. Scanlon 450 P.2d 377 Ariz. 1969
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State v. Fassler
446 P.2d 454
Ariz. 1968
* * * ” , , we stated: “ * * * Of course, where no question is presented to the court either by counsel or by the evidence at the trial suggesting that a confession is involuntary, there is no issue of fact to be determined by the court in the absence of the jury and no need for a specific ruling.
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Followed
State v. Armstrong
440 P.2d 307
Ariz. 1968
In deciding this case, , , we routinely remanded for determination by the trial judge-the voluntariness of an asserted confession: , .
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State v. Hunter
433 P.2d 22
Ariz. 1967
Section 44 Udall’s Arizona Law of Evidence.
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State v. Villalobos
430 P.2d 723
Ariz. Ct. App. Div. 1 1967
fth Amendment to the United States Constitution to these situations: “We agree and do not approve the introduction of evidence of an accused’s silence in reply to questions when he is in custody or under other circumstances where it is his constitutional right to refrain from incriminating himself under the Fifth Amendment to the Constitution of the United States.”
- Dunbar v. Dunbar 429 P.2d 949 Ariz. 1967
- Dunbar v. Dunbar 429 P.2d 949 Ariz. 1967
- Fenter v. Gruensfelder 422 P.2d 419 Ariz. Ct. App. Div. 2 1967
- In Re Anonymous 422 P.2d 419 Ariz. Ct. App. Div. 2 1967
- In Re Anonymous 422 P.2d 419 Ariz. Ct. App. Div. 2 1967
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Fenter v. Gruensfelder
422 P.2d 419
Ariz. Ct. App. Div. 2 1967
Reardon v. Reardon, 3 Ariz.App.
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State v. Spencer
421 P.2d 886
Ariz. 1966
For this reason, the instant case shall be remanded for a voluntariness hearing in accord with the procedures set out in State v. Dodd, supra; , ; , .
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State v. Dodd
418 P.2d 571
Ariz. 1966
we have since held that each case must stand on its own facts as to whether it should be remanded to the trial court for a limited hearing to determine whether a confession is voluntary or whether a new trial should be granted.
- Loftis v. State Ex Rel. Eyman 417 P.2d 374 Ariz. Ct. App. Div. 2 1966
- State v. Mileham 415 P.2d 104 Ariz. 1966
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State v. Tannahill
411 P.2d 166
Ariz. 1966
Appellant urges this cause should be remanded to the trial court for a new trial while the state would have us remand the case for a , .
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State v. Goff
407 P.2d 55
Ariz. 1965
There was, accordingly, no possible issue for the trial judge to determine, , and no factual question for the jury to decide except as to whether the statements attributed to the defendant were or were not made.
- State v. Griffin 406 P.2d 397 Ariz. 1965
- State v. Shepard 405 P.2d 895 Ariz. Ct. App. Div. 1 1965
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State v. Tannahill
402 P.2d 29
Ariz. Ct. App. Div. 2 1965
However, , , decided May 6, *283 1965, the Court, per Vice Chief Justice Struckmeyer, holds that the question of voluntariness could go back for a hearing following the dicta in Jackson v. Denno, supra, rather than for a new trial as in State v. Owen, supra, and the other cases cited above.