Cited by
Opinions in Arizona that cite State v. KUHS, 224 P.3d 192.
- Medina v. State Ariz. Ct. App. Div. 1 2025
-
Medina v. State
Ariz. Ct. App. Div. 1 2025
and suggesting the superior court should consider "if we know the numerical split of the jurors, how long they have been deliberating, and whether or not they have given us any indication about how we could help them."
- State v. Evans Ariz. Ct. App. Div. 1 2025
-
State v. Evans
Ariz. Ct. App. Div. 1 2025
¶16 Each party is entitled to jury instructions on “any theory of the case reasonably supported by the evidence,” Champagne, 247 Ariz. at 137, ¶ 60 (), but a jury instruction is improper if it misleads the jury, ¶ 37 (2010).
- State of Arizona v. Jasper Phillip Rushing Ariz. 2025
-
State of Arizona v. Jasper Phillip Rushing
Ariz. 2025
¶54 First, the jury instructions properly and clearly instructed the jury on the legal criteria for imposing a death sentence, including an explanation of what constitutes “mitigating circumstances.” See Allen, 253 Ariz. at 335 ¶ 199 (approving a similar instruction); –87 ¶¶ 53–55 (2010) (same).
- State v. Stuebe Ariz. Ct. App. Div. 1 2024
- State v. Stuebe Ariz. Ct. App. Div. 1 2024
- State v. Johnson Ariz. Ct. App. Div. 1 2023
-
State v. Johnson
Ariz. Ct. App. Div. 1 2023
–86, ¶¶ 44–50 (2010) (the court’s actions were not coercive when it gave impasse instructions after the jury indicated it had reached an impasse, counsel did not object to the instructions, and the judge did not know the split).
- State of Arizona v. Jordan Christopher Ewer 523 P.3d 393 Ariz. 2023
-
State of Arizona v. Jordan Christopher Ewer
523 P.3d 393
Ariz. 2023
¶11 Although each party is entitled to jury instructions on “any theory of the case reasonably supported by the evidence,” Champagne, 247 Ariz. at 137 ¶ 60 (), a jury instruction is improper if it misleads the jury, ¶ 37 (2010).
- State v. Ruiz-Gastelum Ariz. Ct. App. Div. 1 2022
- State v. Ruiz-Gastelum Ariz. Ct. App. Div. 1 2022
- State of Arizona v. Sammantha Lucille Rebecca Allen 513 P.3d 282 Ariz. 2022
-
State of Arizona v. Sammantha Lucille Rebecca Allen
513 P.3d 282
Ariz. 2022
Because this Court has approved these instructions, –87 ¶¶ 53–55 (2010), and in light of the jury’s other instructions on mitigation, there was no error.
- State of Arizona v. Kenneth Wayne Thompson II 502 P.3d 437 Ariz. 2022
-
State of Arizona v. Kenneth Wayne Thompson II
502 P.3d 437
Ariz. 2022
at 13–14 ¶¶ 57–63 (concluding that proof of entering with intent to commit murder suffices to establish felony murder through burglary and noting it would “be anomalous to conclude that first-degree murder occurs if a burglary with intent to assault results in death but not if the burglary is based on the more culpable intent to murder”); ¶ 23 n.4 (2010) (rejecting argument that “one cannot commit felony murder when one committed burglary in order to commit murder”); ¶ 26 (2012) (“Because Arizon
- State v. Voge Ariz. Ct. App. Div. 1 2021
- State v. Voge Ariz. Ct. App. Div. 1 2021
- 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
- State v. Clark Ariz. Ct. App. Div. 1 2020
-
State v. Clark
Ariz. Ct. App. Div. 1 2020
¶ 13 (2010); see also Bunton, 230 Ariz. at 53, ¶ 9 (affirming trial court's decision "if supported by reasonable evidence").
- State v. Pegeese Ariz. Ct. App. Div. 1 2020
-
State v. Pegeese
Ariz. Ct. App. Div. 1 2020
¶ 55 (2010) (“We presume that the jurors follow instructions.”).
- State of Arizona v. John Michael Allen Ariz. 2020
-
State of Arizona v. John Michael Allen
Ariz. 2020
¶33 The jury instruction is facially contradictory because the jury had to consider A.D.’s age to decide whether she was a child.2 But “we will not reverse a conviction unless the instructions, taken as a whole, misled the jurors.” –27 ¶ 35 (2015) ( ¶ 37 (2010)); –77 ¶ 17 (2000) (“[E]rror in a jury instruction is reversible if the instruction, taken as a whole, supports a reasonable presumption that the jurors would be misled.”).
- State of Arizona v. James Clayton Johnson Ariz. 2019
-
State of Arizona v. James Clayton Johnson
Ariz. 2019
We rejected a –71 ¶¶ 81–87 (2005), –87 ¶¶ 51–56 (2010), and Johnson provides no reason to revisit those decisions.
- State v. Noriega Ariz. Ct. App. Div. 1 2019
-
State v. Noriega
Ariz. Ct. App. Div. 1 2019
We review the denial of a motion for mistrial for an abuse of discretion, bearing in mind “the trial judge is in the best position to evaluate ‘the atmosphere of the trial, the manner in which the objectionable statement was made, and the possible effect it had on the jury and the trial.’” ¶ 18 (2010) ( ¶ 52 (2000), ).
- State v. Kavu Ariz. Ct. App. Div. 1 2019
-
State v. Kavu
Ariz. Ct. App. Div. 1 2019
Thus, to the extent the jurors considered the stricken testimony, in contravention of the court’s instruction, (“We presume that the jurors follow instructions.”), it was with the understanding that R.F.’s statement to the officer was wholly unsubstantiated.
- State v. McKinney Ariz. Ct. App. Div. 1 2018
- State v. McKinney 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. Cuevas Ariz. Ct. App. Div. 1 2017
-
State v. Cuevas
Ariz. Ct. App. Div. 1 2017
In reviewing the sufficiency of the evidence, we determine whether substantial evidence supports the jury’s findings, which is “proof that reasonable persons could accept as adequate [] to support a conclusion of [a] defendant’s guilt beyond a reasonable doubt.” ¶ 24, (quotations and citations omitted).
- State of Arizona v. Joel Randu Escalante-Orozco 386 P.3d 798 Ariz. 2017
-
State of Arizona v. Joel Randu Escalante-Orozco
386 P.3d 798
Ariz. 2017
death, depending on how quickly he lost blood”; and (3) the victim was heard screaming.); (The (F)(6) aggravator was found where defendant stabbed his victim several times and the victim ultimately died by bleeding to death while choking on his own blood.).
- State v. Miles Ariz. Ct. App. Div. 1 2016
-
State v. Miles
Ariz. Ct. App. Div. 1 2016
¶12 “A defendant has a due process ‘right not to be tried or convicted while incompetent.’” ¶ 13 (2010) (); see also Cooper v. Oklahoma, 517 U.S. 348, 354 (1996) (quoting Medina v. California, 505 U.S. 437, 453 (1992)) (same).
- State v. Wooten Ariz. Ct. App. Div. 1 2016
-
State v. Wooten
Ariz. Ct. App. Div. 1 2016
(“Police generally have no duty to seek out and obtain potentially exculpatory evidence.”) (citation omitted); ¶ 24, (appellate court reviews sufficiency of the evidence by determining whether jury’s findings are supported by substantial evidence; that is, evidence that is adequate to support a reasonable person’s conclusion of defendant’s guilt beyond a reasonable doubt); State v. Henry, 205 Ari
- State v. Vasquez Ariz. Ct. App. Div. 1 2015
-
State v. Vasquez
Ariz. Ct. App. Div. 1 2015
¶ 24, (appellate court reviews sufficiency of evidence by determining whether jury’s findings are supported by substantial evidence; that is, evidence adequate to support a reasonable person’s conclusion of defendant’s guilt beyond a reasonable doubt).
- State v. Leeds Ariz. Ct. App. Div. 1 2015
-
State v. Leeds
Ariz. Ct. App. Div. 1 2015
(“Police generally have no duty to seek out and obtain potentially exculpatory evidence.”) (citation omitted); ¶ 24, (appellate court reviews sufficiency of the evidence by determining whether jury’s findings are supported by substantial evidence; that is, evidence that is adequate to support a reasonable person’s conclusion of defendant’s guilt beyond a reasonable doubt); State v. Henry, 205 Ari