Cited by
Opinions in Arizona that cite State v. Cañez, 42 P.3d 564.
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State v. Tupa
Ariz. Ct. App. Div. 1 2025
A trial court retains “wide latitude insofar as the Confrontation Clause is concerned to impose reasonable limits on [] cross- examination based on concerns about, among other things, harassment, prejudice, confusion of the issues, the witness’ safety, or interrogation that is repetitive or only marginally relevant.” ¶ 62 (2002) (quoting Delaware v. Van Arsdale, 475 U.S. 673, 679 (1986)).
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State v. Schalk
Ariz. Ct. App. Div. 1 2025
Certainly, “the credibility of witnesses is a matter for the jury.” ¶ 39 (2002).
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State v. Baltierrez
Ariz. Ct. App. Div. 1 2024
The court must also consider the juvenile’s prior experience, if any, with the legal system, ¶ 59 (2002), as well as the juvenile’s “demeanor” during questioning
- State v. Palmares Ariz. Ct. App. Div. 1 2024
- State v. Njike Ariz. Ct. App. Div. 1 2024
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State v. Njike
Ariz. Ct. App. Div. 1 2024
See State v. Cañez, ¶ 61 (2002), –03, ¶ 11, n.1 (2016) (“[I]t would require a rare case for the defendant’s own statement to be seen as prejudicial to the extent it should be excluded under Rule 403.”).
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State of Arizona v. Hon. wein/cheatham
Ariz. 2024
¶ 32 (2002) (“Juror prejudice will not be presumed but must be demonstrated by objective evidence.”).
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State of Arizona v. Keyaira Porter
491 P.3d 1100
Ariz. 2021
¶18 Indeed, “[Arizona] precedent allows [appellate courts] to defer to an implicit finding that a reason was non-discriminatory even when the trial court did not expressly rule on the third Batson factor,” Smith, 250 Ariz. at 88 ¶ 73 (cleaned up) ( ¶¶ 63–64 (2003)); ¶ 28 (2002) (affirming the court’s implicit finding under step three in denying the Batson challenge); ¶ 70 (2015) (same), which the court of appeals in Porter acknowledged, see 248 Ariz. at 397 ¶ 16 (“[T]he trial court need not make
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State v. Armenta
Ariz. Ct. App. Div. 1 2021
at 397, ¶ 16 (citing Miller-El v. Cockrell, 537 U.S. 322, 347 (2003)); ¶ 28 (2002).
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State of Arizona v. Allyn Akeem Smith
475 P.3d 558
Ariz. 2020
was non-discriminatory” even when “the trial court did not expressly rule on [the third Batson factor].” ¶¶ 63–64, supplemented, ¶ 28 (2002) (affirming the court’s “implicit[] finding” under step three in 18 STATE V. SMITH Opinion of the Court denying the Batson challenge), (2
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State v. Vargas
Ariz. Ct. App. Div. 1 2020
¶ 61 (2002); –600 (1997).
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State v. Miller
Ariz. Ct. App. Div. 1 2020
¶ 51 (2002) (reviewing suppression issue first raised on appeal for fundamental error), ¶ 11, n.1 (2016).
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State v. Cienfuegos
Ariz. Ct. App. Div. 1 2020
See, ¶ 48 (2002) (finding identification made within two days of the crime weighed in favor of reliability), superseded on other grounds, –55 (1987) (concluding there was no error in admitting identification where the “time between the crime
- State v. Hudson Ariz. Ct. App. Div. 1 2020
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State v. Hudson
Ariz. Ct. App. Div. 1 2020
cross-examination based on concerns about, among other things, harassment, prejudice, confusion of the issues, the witness’ safety, or interrogation that is repetitive or only marginally relevant.’” ¶ 36 (2005) (quoting State v. Cañez, ¶ 62 (2002)).
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State v. Porter
Ariz. Ct. App. Div. 1 2020
To be sure, the trial “court need not make detailed findings addressing all the evidence before it,” Miller-El I, 537 U.S. at 347, and, in Arizona, may even conduct the entire step-three analysis implicitly in some cases, ¶ 28 (2002), 2 But in other cases, express findings are essential.
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State v. Reyna
Ariz. Ct. App. Div. 1 2020
But “[p]hysical evidence is not required to sustain a conviction where the 4 STATE v. REYNA Decision of the Court totality of the circumstances demonstrates guilt beyond a reasonable doubt.” ¶ 42 (2002) (citation omitted).
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State v. Lincourt
Ariz. Ct. App. Div. 1 2019
¶ 61 (2002) (“Because the trial court is best situated to conduct the Rule 403 balance, we will reverse its ruling only for abuse of discretion.” (), superseded on other grounds by Ariz. R. Crim.
- State v. Duarte 438 P.3d 707 Ariz. Ct. App. Div. 2 2018
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State v. Duarte
438 P.3d 707
Ariz. Ct. App. Div. 2 2018
State v. Carreon , , ¶ 36, (quoting State v. Cañez , , ¶ 62, ).
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State of Arizona v. Jose Alejandro Acuna Valenzuela
426 P.3d 1176
Ariz. 2018
Furthermore, the state “must establish that ‘pecuniary gain was a motive, cause, or impetus for the murder and not merely the result.’” ¶ 91 (2010) (emphases added) ( ¶ 91 (2002), superseded by rule on other grounds).
- State v. Rodriguez Ariz. Ct. App. Div. 1 2018
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State v. Rodriguez
Ariz. Ct. App. Div. 1 2018
See Davis v. Alaska, 415 U.S. 308, 315 (1974); State v. Cañez, ¶ 62 (2002), ¶ 11, n.1 (2016); (“The right [of confrontation] does not confer .
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State v. Silva
Ariz. Ct. App. Div. 1 2017
The superior court was in the best position to evaluate the prosecutor’s credibility, and concluded the delay was not attributable to “bad faith or maliciousness.” ¶ 28 (2002) (“We give great deference to the trial court’s ruling, based, as it is, largely upon an assessment of the prosecutor’s credibility.”)
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State v. Wright
Ariz. Ct. App. Div. 1 2017
Miller-El, 537 U.S. at 347 (“[A] state court need not make detailed findings addressing all the evidence before it.”); ¶ 28 (2002) (“the trial court ruled against [defendant’s] challenge, implicitly finding that he had not carried his burden of proving purposeful discrimination”)
- State of Arizona v. Joel Randu Escalante-Orozco 386 P.3d 798 Ariz. 2017
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State of Arizona v. Joel Randu Escalante-Orozco
386 P.3d 798
Ariz. 2017
We rejected a similar argument in State v. Cañez, ¶ 104, –03 ¶ 11 n.1, –31 (2016), and do so again.
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State v. Alexander
Ariz. Ct. App. Div. 1 2016
In support of this argument
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State of Arizona v. Javier Francisco Navarro
382 P.3d 1234
Ariz. Ct. App. Div. 2 2016
Cf. State v. Cañez, (acknowledging suppression arguments are subject to appellate review “even absent a pretrial motion to suppress”).
- State v. Martinson 384 P.3d 307 Ariz. Ct. App. Div. 1 2016
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State v. Martinson
384 P.3d 307
Ariz. Ct. App. Div. 1 2016
See State v. Cañez, (appellate court will uphold trial court’s ruling if legally correct for any reason)
- State v. Strait Ariz. Ct. App. Div. 1 2016
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State v. Strait
Ariz. Ct. App. Div. 1 2016
-68, ¶¶ 19-20, -08 (2005); see also State v. Cañez, ¶ 70, (“[W]e will review for fundamental error even absent a pretrial motion to suppress.”), supplemented by P.3d 932 (2003), -03 n.1, ¶ 11, -31 n.1 (2016); State v. Jones, 185 Ariz
- State v. Mungia Ariz. Ct. App. Div. 1 2016
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State v. Mungia
Ariz. Ct. App. Div. 1 2016
State v. Cañez, ¶ 42 (2002).
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State v. Brookter
Ariz. Ct. App. Div. 1 2016
“Because the trial court is best situated to conduct the Rule 403 balance, [this court] will reverse its ruling only for abuse of discretion.” ¶ 61 (2002).
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State of Arizona v. Francisco L Encinas Valenzuela
371 P.3d 627
Ariz. 2016
In State v. Cañez, this Court mistakenly stated that the state must prove voluntary consent "by clear and positive evidence in unequivocal words or conduct expressing consent.” , 151 ¶ 53, , 582 (2002) ( , ).
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State v. Farr
Ariz. Ct. App. Div. 1 2016
“The credibility of witnesses is a matter for the jury.” ¶ 39 (2002).
- State v. Cardwell Ariz. Ct. App. Div. 1 2016
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State v. Cardwell
Ariz. Ct. App. Div. 1 2016
lt, ¶ 60, (reviewing the admission of photographs and videotape); ¶ 5, (reviewing the admission of text messages over a hearsay objection); (reviewing the preclusion of expert witness testimony); see also State v. Cañez, ¶ 61, (“Because the trial court is best situated to conduct the Rule 403 balance, we will reverse its ruling only for abuse of discretion.” (citation omitted)), supplemented by P.3d 932 (2003), and abrogation on other grounds recognized by McKinney v. Ryan, 813 F.3d 798
- State of Arizona v. Bryan Peter Foshay 370 P.3d 618 Ariz. Ct. App. Div. 2 2016
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State of Arizona v. Bryan Peter Foshay
370 P.3d 618
Ariz. Ct. App. Div. 2 2016
“Because the trial court is best situated to conduct the Rule 403 balance, we will reverse its ruling only for abuse of discretion.” State v. Cañez
- State v. Bustamante Ariz. Ct. App. Div. 1 2016
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State v. Bustamante
Ariz. Ct. App. Div. 1 2016
State v. Cañez, ¶ 62, (“A defendant’s fundamental right to confront and cross-examine adverse witnesses is ‘limited to the presentation of matters admissible under ordinary evidentiary rules, including relevance.’” (quoting State v.
- State v. Juarez Ariz. Ct. App. Div. 1 2016
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State v. Celaya
Ariz. Ct. App. Div. 1 2016
Defendant asserts that no physical evidence supports the convictions, only testimony from the victims, but “[p]hysical evidence is not required to sustain a conviction where the totality of the circumstances demonstrates guilt beyond a reasonable doubt.” ¶ 42 (2002).
- State v. Hoover Ariz. Ct. App. Div. 1 2016
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State v. Hoover
Ariz. Ct. App. Div. 1 2016
See State v. Cañez, ¶ 61 (2002).
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Lund v. Lund
Ariz. Ct. App. Div. 1 2016
¶ 9 (App. 2009) ( ¶ 51 (2002)).
- State v. Decker 365 P.3d 954 Ariz. Ct. App. Div. 1 2016