Cited by
Opinions in Arizona that cite State of Arizona v. Gilbert Martinez, 282 P.3d 409.
- State of Arizona v. Timothy Edward Egan Ariz. Ct. App. Div. 2 2025
- State of Arizona v. Timothy Edward Egan Ariz. Ct. App. Div. 2 2025
- State v. Lopez Ariz. Ct. App. Div. 1 2023
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State v. Lopez
Ariz. Ct. App. Div. 1 2023
¶43 A prosecutor may not vouch for the State’s case by “plac[ing] the prestige of the government behind its evidence” or “suggest[ing] that information not presented to the jury supports the evidence.” ¶ 29 (2012) (citations omitted).
- State v. Kemp Ariz. Ct. App. Div. 1 2023
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State v. Kemp
Ariz. Ct. App. Div. 1 2023
103(a)(2); ¶ 57 (2012) (noting court was “unable to find prejudice” without offer of proof).
- State of Arizona v. Sammantha Lucille Rebecca Allen 513 P.3d 282 Ariz. 2022
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State of Arizona v. Sammantha Lucille Rebecca Allen
513 P.3d 282
Ariz. 2022
See State v. (Gilbert) Martinez, ¶ 31 (2012).
- State v. Ricci Ariz. Ct. App. Div. 1 2021
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State v. Ricci
Ariz. Ct. App. Div. 1 2021
Because we pay substantial deference to the superior court’s firsthand observations of a prosecutor’s behavior, ¶¶ 30–31 (2012), we find no support from the record that the prosecutor’s error barred retrial under the double jeopardy clause, Pool, 139 Ariz. at 108–09.
- State v. Davis Ariz. Ct. App. Div. 1 2021
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State v. Davis
Ariz. Ct. App. Div. 1 2021
¶ 25 (2012) ( ¶ 35 (2010)).
- State v. Tucker Ariz. Ct. App. Div. 1 2021
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State v. Tucker
Ariz. Ct. App. Div. 1 2021
4 STATE v. TUCKER Decision of the Court demonstrate that the prosecutor’s misconduct so infected the trial with unfairness as to make the resulting conviction a denial of due process.” ¶ 133 (2019) ( ¶ 24 (2012)).
- State v. Botch Ariz. Ct. App. Div. 1 2020
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State v. Botch
Ariz. Ct. App. Div. 1 2020
Where multiple claims of misconduct occurred, we consider their “cumulative effect.” ¶ 42 (2012).
- State v. Zuleger Ariz. Ct. App. Div. 1 2020
- State v. Zuleger Ariz. Ct. App. Div. 1 2020
- State v. Crawford Ariz. Ct. App. Div. 1 2020
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State v. Crawford
Ariz. Ct. App. Div. 1 2020
¶ 25 (2012) ( ¶ 35 (2010)).
- State of Arizona v. John Michael Allen Ariz. 2020
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State of Arizona v. John Michael Allen
Ariz. 2020
¶ 23 (2012) (stating jurors must make an individualized decision whether a defendant deserves the 17 STATE V. ALLEN Opinion of the Court death penalty “based on the ‘character and record of the individual offender
- State of Arizona v. James Clayton Johnson Ariz. 2019
- State of Arizona v. James Clayton Johnson Ariz. 2019
- State v. Meiner Ariz. Ct. App. Div. 1 2019
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State v. Meiner
Ariz. Ct. App. Div. 1 2019
ferences to his employment history also constitute a “campai[g]n of prosecutorial misconduct.” To warrant reversal, “prosecutorial misconduct must be present, and a ‘reasonable likelihood must exist that the misconduct could have affected the jury’s verdict, thereby denying the defendant a fair trial.’” ¶ 66 (2018) ( ¶ 24 (2012)).
- State v. Eshaya Ariz. Ct. App. Div. 1 2019
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State v. Eshaya
Ariz. Ct. App. Div. 1 2019
5 Ariz. at 143, ¶ 27 (reasoning that improperly admitted evidence “permeated the 4 STATE v. ESHAYA Decision of the Court trial” when it was “elicited from eight officers over three days and referred to by the prosecutor in both the opening statement and closing argument”), ¶ 32 (2012) (noting the misconduct in Pool was “continuous and well-documented” and declining to reverse when misconduct was “confirmed only twice by the trial judge”), –30 (1994) (“Whatever prejudice this line of questioning
- State v. Marquez Ariz. Ct. App. Div. 1 2018
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State v. Marquez
Ariz. Ct. App. Div. 1 2018
¶¶ 30-32 (2012) (concluding the prosecutor’s “courtroom demeanor was inappropriate,” but deferring to the superior court’s “firsthand observations and assessments” as to whether such conduct amounted to “pervasive misconduct”).
- State of Arizona v. Jose Alejandro Acuna Valenzuela 426 P.3d 1176 Ariz. 2018
- State Ex Rel Brnovich v. City of tucson/dewit 399 P.3d 663 Ariz. 2017
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State Ex Rel Brnovich v. City of tucson/dewit
399 P.3d 663
Ariz. 2017
See, , 306 ¶ 21, (declining to address issues “[t]he parties did not brief’); , 212 ¶ 10 n.2, (refusing to address Arizona constitutional issues *600 “not separately argued”).
- State v. Brown Ariz. Ct. App. Div. 1 2017
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State v. Brown
Ariz. Ct. App. Div. 1 2017
¶ 25 (2012) (citation omitted).
- State v. Democker Ariz. Ct. App. Div. 1 2016
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State v. Democker
Ariz. Ct. App. Div. 1 2016
The superior court’s view of the prosecutor’s motives and credibility is entitled to deference, ¶¶ 30–31 (2012), and the court did not abuse its discretion by denying DeMocker’s motions to dismiss.3 And because DeMocker’s prosecutorial misconduct claim is unavailing, his double jeopardy claim premised on that alleged misconduct likewise fails.
- State v. Wilson Ariz. Ct. App. Div. 1 2016
- State v. Wilson Ariz. Ct. App. Div. 1 2016
- State of Arizona v. Mark Goudeau 372 P.3d 945 Ariz. 2016
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State of Arizona v. Mark Goudeau
372 P.3d 945
Ariz. 2016
State v. (Gilbert) Martinez, ¶ 40
- 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
- State v. McKeever Ariz. Ct. App. Div. 1 2015
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State v. McKeever
Ariz. Ct. App. Div. 1 2015
When a defendant objects to alleged misconduct, as McKeever did, we review each instance of alleged misconduct for harmless error, ¶ 25 (2012), and consider the cumulative effect of the alleged misconduct.
- State of Arizona v. Vincent Joseph Guarino 362 P.3d 484 Ariz. 2015
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State of Arizona v. Vincent Joseph Guarino
362 P.3d 484
Ariz. 2015
See, e.g., State v. (Gilbert) Martinez, ¶ 54, ¶ 40–41, ¶ 67, State v. (Cody J.) Martinez, ¶ 44
- State v. Cahill Ariz. Ct. App. Div. 1 2015
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State v. Cahill
Ariz. Ct. App. Div. 1 2015
“Prosecutorial vouching” occurs (1) when “the prosecutor places the prestige of the government behind its evidence” and (2) “where the prosecutor suggests that information not presented to the jury supports the evidence.” ¶ 29, (internal citation and quotation marks omitted).
- State of Arizona v. Johnathan Ian Burns 344 P.3d 303 Ariz. 2015