Cited by
Opinions in Arizona that cite State v. Winkle, 922 P.2d 301.
- State v. Whiteside Ariz. Ct. App. Div. 1 2026
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State v. Whiteside
Ariz. Ct. App. Div. 1 2026
we consider only the evidence before the court when it ruled on the motion.” –45, ¶ 60 (2016); (“In considering whether the trial court erred in denying a motion to sever, we are mindful that the trial court exercises considerable discretion in determining whether, in light of the evidence then before the court, the defendant has made the requisite showing of prejudice.”).
- State of Arizona v. Sammantha Lucille Rebecca Allen 513 P.3d 282 Ariz. 2022
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State of Arizona v. Sammantha Lucille Rebecca Allen
513 P.3d 282
Ariz. 2022
and render a fair and impartial verdict.’” ().
- State v. Woodley Ariz. Ct. App. Div. 1 2022
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State v. Woodley
Ariz. Ct. App. Div. 1 2022
In considering whether the superior court erred, “we are mindful that the [superior] court exercises considerable discretion in determining whether, in light of the evidence then before the court, the defendant has made the requisite showing of prejudice.”
- State v. Elia Ariz. Ct. App. Div. 1 2022
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State v. Elia
Ariz. Ct. App. Div. 1 2022
(severance warranted where prosecutor invited jurors to hold defendant responsible for “reprehensible actions of [codefendant], coupled with highly charged testimony about [codefendant’s] actions from [a victim],” that were irrelevant to the charges against defendant).
- State v. Ibarra Ariz. Ct. App. Div. 1 2020
- State v. Ibarra Ariz. Ct. App. Div. 1 2020
- State v. Stamm Ariz. Ct. App. Div. 1 2018
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State v. Stamm
Ariz. Ct. App. Div. 1 2018
we are mindful that the trial court exercises considerable discretion in determining whether, in light of the evidence then before the court, the defendant has made the requisite showing of prejudice.” (emphasis added).
- State v. Muldrow Ariz. Ct. App. Div. 1 2018
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State v. Muldrow
Ariz. Ct. App. Div. 1 2018
Moreover, nothing in the record shows the joint trial rendered the jury unable to “‘keep separate the evidence that is relevant to each defendant and render a fair and impartial verdict’ as to each.” () (noting mere introduction of evidence concerning only one defendant is generally insufficient to establish prejudicial rub-off).
- State v. Tucker Ariz. Ct. App. Div. 1 2018
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State v. Tucker
Ariz. Ct. App. Div. 1 2018
“[M]ere introduction of evidence concerning one defendant’s conduct that does not involve the other defendant generally does not constitute sufficient grounds for severance.”
- State v. Castillo Ariz. Ct. App. Div. 1 2018
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State v. Castillo
Ariz. Ct. App. Div. 1 2018
see also, ¶ 43 (App. 2012) (no abuse of discretion when State presented events of conspiracy committed by co-defendants that did not involve the defendant); see generally Ariz. R. Crim.
- State v. Gutierrez 381 P.3d 254 Ariz. Ct. App. Div. 1 2016
- State v. Gutierrez 381 P.3d 254 Ariz. Ct. App. Div. 1 2016
- State of Arizona v. Mark Goudeau 372 P.3d 945 Ariz. 2016
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State of Arizona v. Mark Goudeau
372 P.3d 945
Ariz. 2016
See State v. (Melinda) VanWinkle, (“In considering whether the trial court erred in denying a motion to sever, we are mindful that the trial court exercises considerable discretion in determining whether, in light of the evidence then before the court, the defendant has made the requisite showing of prejudice.” (emphasis
- State v. Weatherford Ariz. Ct. App. Div. 1 2015
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State v. Weatherford
Ariz. Ct. App. Div. 1 2015
“[I]n the interest of judicial economy, joint trials are the rule rather than the exception.”
- State of Arizona v. Marcus Deshaun Tucker, Clifton James Cuttler II and Andre Lavelle Armstrong 290 P.3d 1248 Ariz. Ct. App. Div. 2 2012
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State of Arizona v. Marcus Deshaun Tucker, Clifton James Cuttler II and Andre Lavelle Armstrong
290 P.3d 1248
Ariz. Ct. App. Div. 2 2012
only a couple minutes before the [police] takedown,” and “he had no involvement in the conspiracy at the time most of the statements by Tucker, Diaz, and Cuttler were made.” ¶42 “Rub-off” occurs when “‘the jury’s unfavorable impression of the defendant against whom the evidence is properly admitted influence[s] the way the jurors view the other defendant.’” (alteration in Van Winkle).
- State v. Blackman 38 P.3d 1192 Ariz. Ct. App. Div. 1 2002
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State v. Blackman
38 P.3d 1192
Ariz. Ct. App. Div. 1 2002
Id.; , (stating that “rub-off” from unfavorable impression of one defendant to another “warrants severance only when the defendant seeking severance establishes a compelling danger of prejudice against which the trial court can not protect”).
- State v. Ives 927 P.2d 762 Ariz. 1996
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State v. Ives
927 P.2d 762
Ariz. 1996
f right, the denial of severance is reversible error only if the evidence of other crimes would not have been admitted at trial “for an evidentiary purpose anyway.” -97 , -89 (1993) (quoting Morris K. Udall, et al., Arizona Practice: Law of Evidence § 84, at 184 n. 14 (3d ed. 1991) [hereinafter “Arizona Evidence”]); , (Defendant is not entitled to a trial separate from his co-defendant on a “rub-off’ theory if the same evidence would be admissible in defendant’s separate trial.).