Cited by
Opinions in Arizona that cite State v. Neil, 425 P.2d 842.
- Bhavnani v. Mukherjee Ariz. Ct. App. Div. 1 2024
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Bhavnani v. Mukherjee
Ariz. Ct. App. Div. 1 2024
¶10 “The right to a fair trial is a foundation stone upon which [Arizona’s] present judicial system rests.” In re Estate of Long, 229 Ariz. at 464, ¶ 23 ().
- State v. Cline Ariz. Ct. App. Div. 1 2023
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State v. Cline
Ariz. Ct. App. Div. 1 2023
¶29 The right to a fair trial necessarily includes “the right to have the trial presided over by a judge who is completely impartial and free of bias or prejudice.”
- State v. Redondo Ariz. Ct. App. Div. 1 2021
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State v. Redondo
Ariz. Ct. App. Div. 1 2021
¶9 The right to a fair trial necessarily includes “the right to have the trial presided over by a judge who is completely impartial and free of bias or prejudice.”
- State v. Wood Ariz. Ct. App. Div. 1 2018
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State v. Wood
Ariz. Ct. App. Div. 1 2018
¶8 A fair trial includes the right to a judge “who is completely impartial and free of bias or prejudice.”
- State of Arizona v. Austin Garrett Hansen 345 P.3d 116 Ariz. Ct. App. Div. 2 2015
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Distinguished
State of Arizona v. Austin Garrett Hansen
345 P.3d 116
Ariz. Ct. App. Div. 2 2015
(Bernstein, C.J., dissenting) (noting “[t]here is a critical distinction between a new trial and a mistrial,” because latter entails no judgment or sentence having been rendered by court).
- In Re Estate of Long 276 P.3d 527 Ariz. Ct. App. Div. 1 2012
- In Re Estate of Long 276 P.3d 527 Ariz. Ct. App. Div. 1 2012
- Long v. Olen 276 P.3d 527 Ariz. Ct. App. Div. 1 2012
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Long v. Olen
276 P.3d 527
Ariz. Ct. App. Div. 1 2012
Necessarily included in this right is the right to have the trial presided over by a judge who is completely impartial and free of bias or prejudice.”
- State Ex Rel. Thomas v. Gordon 144 P.3d 513 Ariz. Ct. App. Div. 1 2006
- State Ex Rel. Thomas v. Gordon 144 P.3d 513 Ariz. Ct. App. Div. 1 2006
- Denise S., Carlos C. v. State of Arizona 142 P.3d 245 Ariz. Ct. App. Div. 2 2006
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Denise S., Carlos C. v. State of Arizona
142 P.3d 245
Ariz. Ct. App. Div. 2 2006
See also State v. Neil, 102 Ariz. 110, 112, (right to peremptory change of judge derives from right to fair trial); JV-132324, 181 Ariz. at 342, 890 P.2d at 637 (right to peremptory change of judge is important procedural right).
- Bergeron Ex Rel. Perez v. O'NEIL 74 P.3d 952 Ariz. Ct. App. Div. 2 2003
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Bergeron Ex Rel. Perez v. O'NEIL
74 P.3d 952
Ariz. Ct. App. Div. 2 2003
Greenlee County Justice Court, 157 Ariz. at 273 , 756 P.2d at 942 ; -13 , -45 (1967) (filing of notice of change of judge required trial court to transfer case to another judge); , (litigant has peremptory right to disqualify judge, and if notice is timely, ease must be transferred to another judge
- Brush Wellman, Inc. v. Lee 996 P.2d 1248 Ariz. Ct. App. Div. 2 2000
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Brush Wellman, Inc. v. Lee
996 P.2d 1248
Ariz. Ct. App. Div. 2 2000
As we pointed out there, , in which our supreme court held that, on retrial after reversal of a forgery conviction, the defendant’s oral affidavit of bias and prejudice filed against the same judge who had presided over the first trial was an untimely request for a peremptory change of judge and that, instead, the defenda
- Valenzuela v. Brown 919 P.2d 1376 Ariz. Ct. App. Div. 2 1996
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Valenzuela v. Brown
919 P.2d 1376
Ariz. Ct. App. Div. 2 1996
in which our supreme court held that a change of judge after a trial court’s reversal on appeal had to be based on cause.
- Powell-Cerkoney v. TCR-Montana Ranch Joint Venture 860 P.2d 1328 Ariz. Ct. App. Div. 1 1993
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Powell-Cerkoney v. TCR-Montana Ranch Joint Venture
860 P.2d 1328
Ariz. Ct. App. Div. 1 1993
258, vacated on other grounds, , stating: “The granting or refusal of a temporary injunction does not constitute the law of the case or an adjudication on the merits, and the issues must be tried to the same extent as though no temporary injunction had been applied for.” Id.
- State v. Bible 858 P.2d 1152 Ariz. 1993
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State v. Bible
858 P.2d 1152
Ariz. 1993
476, 479-80 , 13 L.Ed.2d 487 (1965)
- State v. Hill 848 P.2d 1375 Ariz. 1993
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State v. Hill
848 P.2d 1375
Ariz. 1993
We first consider each incident separately but note preliminarily that “[n]ecessarily included in [the right to a fair trial] is the right to have the trial presided over by a judge who is completely impartial and free of bias or prejudice.”
- State v. Carver 771 P.2d 1382 Ariz. 1989
- State v. Carver 771 P.2d 1382 Ariz. 1989
- State v. Emanuel 768 P.2d 196 Ariz. Ct. App. Div. 1 1989
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State v. Emanuel
768 P.2d 196
Ariz. Ct. App. Div. 1 1989
ed to a change of judge if a fair and impartial hearing or trial cannot be had by reason of the interest or prejudice of the assigned judge.” We have stated that the right to a fair trial is the “foundation stone upon which our present judicial system rests,” and that there is an indispensable right to trial presided over by a judge who is “impartial and free of bias or prejudice.”
- Fiveash v. Superior Court of Arizona 752 P.2d 511 Ariz. Ct. App. Div. 2 1988
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Fiveash v. Superior Court of Arizona
752 P.2d 511
Ariz. Ct. App. Div. 2 1988
1258 , vacated on other grounds
- State v. Rossi 741 P.2d 1223 Ariz. 1987
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State v. Rossi
741 P.2d 1223
Ariz. 1987
Necessarily included in this right is the right to have the trial presided over by a judge who is completely impartial and free of bias or prejudice.”
- State v. Perkins 686 P.2d 1248 Ariz. 1984
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State v. Perkins
686 P.2d 1248
Ariz. 1984
A defendant has a “right to trial presided over by a judge who is ‘impartial and free of bias or prejudice.’ ” , ( , ).
- State v. Mincey 687 P.2d 1180 Ariz. 1984
- State v. Mincey 687 P.2d 1180 Ariz. 1984
- State v. Moya 667 P.2d 234 Ariz. Ct. App. Div. 1 1983
- State v. Moya 667 P.2d 234 Ariz. Ct. App. Div. 1 1983
- State v. Gretzler 612 P.2d 1023 Ariz. 1980
- State v. Gretzler 612 P.2d 1023 Ariz. 1980
- State v. Brown 602 P.2d 478 Ariz. 1979
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State v. Brown
602 P.2d 478
Ariz. 1979
ed to a change of judge if a fair and impartial hearing or trial cannot be had by reason of the interest or prejudice of the assigned judge.” We have stated that the right to a fair trial is the “foundation stone upon which our present judicial system rests,” and that there is an indispensable right to trial presided over by a judge who is “impartial and free of bias or prejudice.”
- State v. Barnes 575 P.2d 830 Ariz. Ct. App. Div. 1 1978
- State v. Barnes 575 P.2d 830 Ariz. Ct. App. Div. 1 1978