Cited by
Opinions in Arizona that cite State v. Dann, 74 P.3d 231.
- State v. Story Ariz. Ct. App. Div. 1 2021
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State v. Story
Ariz. Ct. App. Div. 1 2021
Though viewing a prospective juror’s demeanor in-person is useful, see Skilling v. United States, 561 U.S. 358, 386 (2010), criminal defendants are entitled to a “fair trial, not a perfect one,” ¶ 18 (2003) (quoting Rose v. Clark, 478 U.S. 570, 579 (1986)).
- State v. Lebian Ariz. Ct. App. Div. 1 2021
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State v. Lebian
Ariz. Ct. App. Div. 1 2021
¶ 48 (2003) (we presume juries follow curative instructions).
- State v. Bueno Ariz. Ct. App. Div. 1 2021
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State v. Bueno
Ariz. Ct. App. Div. 1 2021
“[B]ecause the trial judge is in the best position to assess the impact of a witness’s statements on the jury, we defer to the trial judge’s discretionary determination.” ¶ 43 (2003).
- State v. Tucker Ariz. Ct. App. Div. 1 2021
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State v. Tucker
Ariz. Ct. App. Div. 1 2021
Although Callirgos’s testimony arguably violated the court’s motion in limine ruling, “[t]he trial judge viewed the improper statement in the context of the evidence in the case as a whole, assessed its effect on the jury, and, in light of all the circumstances, determined that a limiting instruction would cure the error.” ¶ 46 (2003).
- State v. Kleinman Ariz. Ct. App. Div. 1 2020
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State v. Kleinman
Ariz. Ct. App. Div. 1 2020
Jurors are presumed to follow the court’s instructions, ¶ 48 (2003), and Kleinman does not suggest they failed to do so here.
- State v. Barnett Ariz. Ct. App. Div. 1 2020
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State v. Barnett
Ariz. Ct. App. Div. 1 2020
And because a mistrial is “the most dramatic remedy for trial error,” it should be granted “only when it appears that justice will be thwarted unless the jury is discharged and a new trial granted.” ¶ 43 (2003).
- State v. Gray Ariz. Ct. App. Div. 1 2019
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State v. Gray
Ariz. Ct. App. Div. 1 2019
A mistrial is the “most dramatic remedy for trial error and should be granted only when it appears that justice will be thwarted unless the jury is discharged and a new trial granted.” ¶ 72 (2009) ( ¶ 43 (2003)).
- State v. Williams Ariz. Ct. App. Div. 1 2019
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State v. Williams
Ariz. Ct. App. Div. 1 2019
“To prevail under this standard 1 “We view the facts in the light most favorable to sustaining the verdict[s].” ¶ 1, n.1 (2013) ( ¶ 2 (2003)).
- State v. Rowley Ariz. Ct. App. Div. 1 2019
- State v. Jones Ariz. Ct. App. Div. 1 2019
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State v. Rowley
Ariz. Ct. App. Div. 1 2019
Mistrial, which is “the most dramatic remedy for trial error,” should only be granted when “justice will be thwarted unless the jury is discharged and a new trial granted.” ¶ 43 (2003) (internal quotations omitted).
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State v. Jones
Ariz. Ct. App. Div. 1 2019
Mistrial is “the most dramatic remedy for trial error and should only be granted when it appears that justice will be thwarted unless the jury is discharged and a new trial granted.” ¶ 43 (2003).
- State v. Dustin Ariz. Ct. App. Div. 1 2019
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State v. Dustin
Ariz. Ct. App. Div. 1 2019
An error is harmless if the State demonstrates “beyond a reasonable doubt that the error did not contribute to or affect the verdict or sentence.” ¶ 18 (2005); –66, ¶ 18 (2003) (stating harmless error analysis is applied to erroneous jury instructions).
- State of Arizona v. James Clayton Johnson Ariz. 2019
- State of Arizona v. James Clayton Johnson Ariz. 2019
- State v. Runnels Ariz. Ct. App. Div. 1 2019
- State v. Runnels Ariz. Ct. App. Div. 1 2019
- State v. Frazer Ariz. Ct. App. Div. 1 2019
- State v. Frazer Ariz. Ct. App. Div. 1 2019
- State v. Marquez Ariz. Ct. App. Div. 1 2019
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State v. Marquez
Ariz. Ct. App. Div. 1 2019
¶5 A declaration of mistrial is “the most dramatic remedy for trial error and should be granted only when it appears that justice will be thwarted unless the jury is discharged and a new trial granted.” ¶ 43 (2003) (citation omitted).
- State of Arizona v. Jose Alejandro Acuna Valenzuela 426 P.3d 1176 Ariz. 2018
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State of Arizona v. Jose Alejandro Acuna Valenzuela
426 P.3d 1176
Ariz. 2018
“Article 6, Section 27 of the Arizona Constitution prohibits judges from commenting upon evidence presented at trial.” ¶ 50 (2003), supplemented
- State v. Phillips Ariz. Ct. App. Div. 1 2018
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State v. Phillips
Ariz. Ct. App. Div. 1 2018
¶65 Declaring a mistrial is “the most dramatic remedy for trial error and should be granted only when it appears that justice will be thwarted unless the jury is discharged and a new trial granted.” ¶ 43 (2003).
- State v. Collins Ariz. Ct. App. Div. 1 2018
- State v. Collins Ariz. Ct. App. Div. 1 2018
- State v. Chavarria Ariz. Ct. App. Div. 1 2018
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State v. Chavarria
Ariz. Ct. App. Div. 1 2018
A declaration of mistrial is “the most dramatic remedy for trial error and should be granted only when it appears that justice will be thwarted unless the jury is discharged and a new trial granted.” ¶ 43 (2003).
- State v. McKinney Ariz. Ct. App. Div. 1 2018
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State v. McKinney
Ariz. Ct. App. Div. 1 2018
¶ 46 (2003) supplemented
- State v. Norris Ariz. Ct. App. Div. 1 2018
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State v. Norris
Ariz. Ct. App. Div. 1 2018
¶ 61 (2003) (“[B]ecause the conferences involved entirely procedural matters and [the defendant] has not shown that he was entitled to attend or that he could have contributed to his defense had he been present, we do not find that [defendant]’s right to be present was violated.”)
- State v. Todd 418 P.3d 1147 Ariz. Ct. App. Div. 2 2018
- State v. Todd 418 P.3d 1147 Ariz. Ct. App. Div. 2 2018
- State v. Snethen Ariz. Ct. App. Div. 1 2018
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State v. Snethen
Ariz. Ct. App. Div. 1 2018
We presume the jury followed these instructions, ¶ 46 (2003), and Snethen has not rebutted this presumption.
- State v. Maloy Ariz. Ct. App. Div. 1 2018
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State v. Maloy
Ariz. Ct. App. Div. 1 2018
Mistrial is “the most dramatic remedy for trial error and should be granted only when it appears that justice will be thwarted unless the jury is discharged and a new trial granted.” ¶ 43 (2003) (citation omitted).
- Maria Carmen Zubia v. David Shapiro Ariz. 2018
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Maria Carmen Zubia v. David Shapiro
Ariz. 2018
¶ 46 n.8 (2003) (failure to develop a legal argument constitutes waiver of that argument on appeal), opinion supplemented by (“Failure to [sufficiently] argue a claim on appeal constitutes waiver of that claim.”).