Cited by
Opinions in Arizona that cite State v. Huerstel, 75 P.3d 698.
- State v. Schalk Ariz. Ct. App. Div. 1 2025
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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).