Cited by

Opinions in Arizona that cite State v. Wall, 126 P.3d 148.

214 citing documents.

State v. Allee Ariz. Ct. App. Div. 1 2020
State v. Allee Ariz. Ct. App. Div. 1 2020
¶ 12 (2006); ¶ 20 (App. 2014).
State v. Lemons Ariz. Ct. App. Div. 1 2020
State v. Lemons Ariz. Ct. App. Div. 1 2020
State v. Moering Ariz. Ct. App. Div. 1 2020
State v. Moering Ariz. Ct. App. Div. 1 2020
State v. Padilla Ariz. Ct. App. Div. 1 2020
State v. Padilla Ariz. Ct. App. Div. 1 2020
State v. Balli Ariz. Ct. App. Div. 1 2020
State v. Balli Ariz. Ct. App. Div. 1 2020
¶43 “[I]f the facts of the case as presented at trial are such that a jury could reasonably find that only the elements of a lesser offense have been proved, the defendant is entitled to have the judge instruct the jury on the lesser-included offense.” ¶ 14 (2006).
State v. Brock Ariz. Ct. App. Div. 1 2020
State v. Brock Ariz. Ct. App. Div. 1 2020
Denial of Requested Jury Instruction ¶16 Brock next contends that the trial court erroneously denied his requested jury instruction regarding “mere nudity.” We review a trial court’s denial of a requested jury instruction for an abuse of discretion, deferring to the court’s evaluation of the evidence, 5 ¶¶ 12, 23 (2006), and will not reverse a court’s “refusal unless the defendant suffered prejudice as a result,” ¶ 11 (App. 2004).
State v. Taft Ariz. Ct. App. Div. 1 2020
State v. Taft Ariz. Ct. App. Div. 1 2020
State v. Gonzales Ariz. Ct. App. Div. 1 2019
State v. Gonzales Ariz. Ct. App. Div. 1 2019
DISCUSSION I. Standard of Review ¶10 We review the superior court’s “denial of a requested jury instruction for an abuse of discretion.” ¶ 12 (2006).
State of Arizona v. James Clayton Johnson Ariz. 2019
State of Arizona v. James Clayton Johnson Ariz. 2019
“An error of law committed in reaching a discretionary conclusion may, however, constitute an abuse of discretion.” ¶ 12 (2006).
State v. Rogers Ariz. Ct. App. Div. 1 2019
State v. Rogers Ariz. Ct. App. Div. 1 2019
State of Arizona v. Stephen Jay Malone Jr 444 P.3d 733 Ariz. 2019
State of Arizona v. Stephen Jay Malone Jr 444 P.3d 733 Ariz. 2019
“An error of law committed in reaching a discretionary conclusion may, however, constitute an abuse of discretion.” ¶ 12 (2006).
State v. Hartwell Ariz. Ct. App. Div. 1 2019
State v. Hartwell Ariz. Ct. App. Div. 1 2019
¶ 58 (2007); ¶ 12 (2006).
State v. Green Ariz. Ct. App. Div. 1 2019
State v. Green Ariz. Ct. App. Div. 1 2019
An offense is necessarily included and requires a jury instruction “only when [the offense] is lesser included and the evidence is sufficient to support giving the instruction.” ¶ 14 (2006).
State v. Graves Ariz. Ct. App. Div. 1 2019
State v. Graves Ariz. Ct. App. Div. 1 2019
Phoenix City Prosecutor v. Hon. lowery/claudette Craig 430 P.3d 884 Ariz. 2018
Phoenix City Prosecutor v. Hon. lowery/claudette Craig 430 P.3d 884 Ariz. 2018
“An error of law committed in reaching a discretionary conclusion may, however, constitute an abuse of discretion.” ¶ 5 (2015) ( ¶ 12 (2006)).
State v. Trammell 433 P.3d 11 Ariz. Ct. App. Div. 1 2018
State v. Trammell 433 P.3d 11 Ariz. Ct. App. Div. 1 2018
¶5 Generally, the court may instruct the jury on a necessarily included offense “when [the crime] is lesser included and the evidence is sufficient to support giving the instruction.” ¶ 14 (2006).
State v. Marquez Ariz. Ct. App. Div. 1 2018
State v. Marquez Ariz. Ct. App. Div. 1 2018
State v. Carter 429 P.3d 1176 Ariz. Ct. App. Div. 2 2018
State v. Carter 429 P.3d 1176 Ariz. Ct. App. Div. 2 2018
¶ 7 (citing State v. Wall , , ¶ 15, , 150-51 (2006) (theft lesser-included offense of robbery); State v. Henry , , 582, , 874 (1993) (robbery lesser-included offense of armed robbery); State v. Kinkade , , 253, , 887 (1985) (theft lesser-included offense of armed robbery) ).
State v. Figueroa Ariz. Ct. App. Div. 1 2018
State v. Figueroa Ariz. Ct. App. Div. 1 2018
¶28 ¶ 15 (2006), the Supreme Court of Arizona held that attempted theft is a lesser-included offense of attempted robbery.
State v. Hardisty Ariz. Ct. App. Div. 1 2018
State v. Hardisty Ariz. Ct. App. Div. 1 2018
¶ 18 (2006) (-37 (1984)).
State v. Suazo Ariz. Ct. App. Div. 1 2018
State v. Valles Ariz. Ct. App. Div. 1 2018
State v. Valles Ariz. Ct. App. Div. 1 2018
“We defer to the trial judge’s assessment of the evidence.” ¶ 23 (2006).
State v. Suazo Ariz. Ct. App. Div. 1 2018
State of Arizona v. Antajuan Stewart Carson Jr. 410 P.3d 1230 Ariz. 2018
State of Arizona v. Antajuan Stewart Carson Jr. 410 P.3d 1230 Ariz. 2018
¶ 30 (2006) (finding evidence sufficient for a lesser- included offense instruction where the “facts were such that the jury could reasonably believe portions of the [witness’s] story and portions of the defendant’s story”); (allowing an instruction for a lesser-included of
Spence v. Bacal 413 P.3d 1254 Ariz. Ct. App. Div. 2 2018
Spence v. Bacal 413 P.3d 1254 Ariz. Ct. App. Div. 2 2018
*1257 State v. Wall , , ¶ 12, , 150 (2006).
State of Arizona v. Bryan Wayne Hulsey Ariz. 2018
State of Arizona v. Bryan Wayne Hulsey Ariz. 2018
¶55 “If the facts of the case as presented at trial are such that a jury could reasonably find that only the elements of a lesser offense have been proved, the defendant is entitled to have the judge instruct the jury on the lesser-included offense.” ¶ 14 (2006) (explaining that lesser-included offense instruction is appropriate “when the greater offense cannot be committed without necessarily committing the lesser offense,” and “the evidence is sufficient to support giving the instruction” (int