Cited by

Opinions in Arizona that cite State v. Huerstel, 75 P.3d 698.

68 citing documents.

  • State v. Schalk Ariz. Ct. App. Div. 1 2025
  • State v. Schalk Ariz. Ct. App. Div. 1 2025
    “In determining whether a [superior] court has coerced the jury’s verdict, this court views the actions of the judge and the comments made to the jury based on the totality of the circumstances and attempts to determine if the independent judgment of the jury was displaced.” ¶5 (2003).
  • State v. Baltierrez Ariz. Ct. App. Div. 1 2024
  • State v. Baltierrez Ariz. Ct. App. Div. 1 2024
    ¶22 When assessing the voluntariness of a confession made by a juvenile, a court must be mindful “that juveniles may be more susceptible to certain police tactics than adults and as such their will may be more easily overborne.” ¶ 57 (2003).
  • State v. Griffin Ariz. Ct. App. Div. 1 2024
  • State v. Griffin Ariz. Ct. App. Div. 1 2024
    ¶ 19 (2003); –19 (App. 1997).
  • State of Arizona v. Larry James Fournier Ariz. Ct. App. Div. 2 2023
  • State of Arizona v. Larry James Fournier Ariz. Ct. App. Div. 2 2023
    Colorado v. Connelly, 479 U.S. 157, 165-67 (1986); (“[A] confession is involuntary only if it results from coercive activity by the state.”); (defendant must show “coercive police conduct, rather than internal compulsion, induced his confession”).
  • State of Arizona v. Tito Rene Scott 530 P.3d 1178 Ariz. Ct. App. Div. 2 2023
  • State of Arizona v. Tito Rene Scott 530 P.3d 1178 Ariz. Ct. App. Div. 2 2023
    ¶ 54 (2003) (noting that a confession may be obtained by lying about the existence of physical evidence if the suspect’s will has not been overborne) ().
  • State v. Johnson Ariz. Ct. App. Div. 1 2023
  • State v. Johnson Ariz. Ct. App. Div. 1 2023
    We view “the actions of the judge and the comments made to the jury based on the totality of the circumstances[,] attempt[ing] to determine if the independent judgment of the jury was displaced.” ¶ 5 (2003).
  • State v. Dann Ariz. Ct. App. Div. 1 2022
  • State v. Dann Ariz. Ct. App. Div. 1 2022
  • State v. Benitez Ariz. Ct. App. Div. 1 2020
  • State v. Benitez Ariz. Ct. App. Div. 1 2020
    ¶42 In determining whether the superior court coerced a jury’s verdict, this court considers “the actions of the judge and the comments made to the jury based on the totality of the circumstances” and whether “the independent judgment of the jury was displaced.” ¶ 5 (2003); (“What conduct amounts to coercion is particularly dependent upon the facts of each case.”).
  • State of Arizona v. Allyn Akeem Smith 475 P.3d 558 Ariz. 2020
  • State of Arizona v. Allyn Akeem Smith 475 P.3d 558 Ariz. 2020
    ¶151 Here, we must “determine if the independent judgment of the jury was displaced.” ¶ 5 (2003).
  • State v. Beatte Ariz. Ct. App. Div. 1 2020
  • State v. Beatte Ariz. Ct. App. Div. 1 2020
    Singling Out a Juror ¶19 Trial courts have been repeatedly cautioned against “any contact between a judge and any member of a deliberating jury.” McCrimmon, 187 Ariz. at 173; see, ¶ 23 (2003); Rodriguez-Rosario, 219 Ariz. at 116, ¶ 14.
  • State of Arizona v. Alan Matthew Champagne 447 P.3d 297 Ariz. 2019
  • State of Arizona v. Alan Matthew Champagne 447 P.3d 297 Ariz. 2019
    But “[p]ermitting testimony related to an entirely separate conversation does nothing to complete the other conversation.” ¶ 38 (2003) (emphasis added).
  • State v. Ntiamoah Ariz. Ct. App. Div. 1 2019
  • State v. Ntiamoah Ariz. Ct. App. Div. 1 2019
  • State v. Ackerman Ariz. Ct. App. Div. 1 2018
  • State v. Ackerman Ariz. Ct. App. Div. 1 2018
  • State v. Edwards Ariz. Ct. App. Div. 1 2018
  • State v. Edwards Ariz. Ct. App. Div. 1 2018
  • State v. Silva Ariz. Ct. App. Div. 1 2017
  • State v. Silva Ariz. Ct. App. Div. 1 2017
    To determine whether the superior court coerced a jury’s verdict, we consider “the actions of the judge and the comments made to the jury based on the totality of the circumstances[,]” and evaluate whether “the independent judgment of the jury was displaced.” ¶ 5 (2003).
  • State of Arizona v. Bryan Peter Foshay 370 P.3d 618 Ariz. Ct. App. Div. 2 2016
  • State of Arizona v. Bryan Peter Foshay 370 P.3d 618 Ariz. Ct. App. Div. 2 2016
    (reviewing motion to suppress); (reviewing voluntariness of statement).
  • State of Arizona v. Knute Eckhard Kolmann 367 P.3d 61 Ariz. 2016
  • State of Arizona v. Knute Eckhard Kolmann 367 P.3d 61 Ariz. 2016
    ¶¶ 19-20, (noting that a court’s jury instructions and knowledge of jury split are factors in assessing whether a verdict was coerced); STATE V. KOLMANN
  • State v. Black Ariz. Ct. App. Div. 1 2015
  • State v. Black Ariz. Ct. App. Div. 1 2015
    “The express purpose of Rule 806 is to allow a party to attack the ‘credibility’ of the hearsay declarant.” ¶ 42, (citation omitted).
  • State of Arizona v. Johnathan Ian Burns 344 P.3d 303 Ariz. 2015
  • State of Arizona v. Johnathan Ian Burns 344 P.3d 303 Ariz. 2015
    “In determining whether a trial court has coerced the jury’s verdict, this court views the actions of the judge and the comments made to the jury based on the totality of the circumstances and attempts to determine if the independent judgment of the jury was displaced.” ¶ 5
  • State v. Ales Ariz. Ct. App. Div. 1 2014
  • State v. Ales Ariz. Ct. App. Div. 1 2014
    ¶ 17, 101, ¶ 25, 706 (2003) 4 STATE v. ALES Decision of the Court (reversing on the basis of coercion, in part because the trial court erred in giving an impasse instruction before the jury indic
  • State v. Varela Ariz. Ct. App. Div. 1 2014
  • State v. Varela Ariz. Ct. App. Div. 1 2014
    ¶ 54, (stating that tactics such as lying about the strength of the evidence is “permissible so long as the suspect‟s will is not overborne.”).
  • State v. Johnson Ariz. Ct. App. Div. 1 2014
  • State v. Johnson Ariz. Ct. App. Div. 1 2014
    In determining whether the court abused its discretion and coerced the jury, we consider “the actions of the judge and the comments made to the jury based on the totality of the circumstances and [we] attempt[] to determine if the independent judgment of the jury was displaced.” ¶ 5
  • State v. Smith Ariz. Ct. App. Div. 1 2014
  • State v. Smith Ariz. Ct. App. Div. 1 2014
  • State of Arizona v. Efren Medina 306 P.3d 48 Ariz. 2013
  • State of Arizona v. Efren Medina 306 P.3d 48 Ariz. 2013
    Yet, the admission of a document “under a hearsay exception does not negate consideration of the Confrontation Clause.” ¶ 29
  • State of Arizona v. Martin David Salazar-Mercado 304 P.3d 543 Ariz. Ct. App. Div. 2 2013
  • State of Arizona v. Martin David Salazar-Mercado 304 P.3d 543 Ariz. Ct. App. Div. 2 2013
    801(d)(1)(A); n.9, n.9 (2003).