Cited by
Opinions in Arizona that cite State v. MacHado, 246 P.3d 632.
- State v. Evans Ariz. Ct. App. Div. 1 2025
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State v. Evans
Ariz. Ct. App. Div. 1 2025
“The admission of third-party culpability evidence is governed by the standards of Rules 401 through 403 of the Arizona Rules of Evidence, not by Rule 404(b),” the central purpose of which is to “protect criminal defendants from unfair use of propensity evidence.” –84, ¶¶ 14, 16 (2011).
- State v. Foster 559 P.3d 1139 Ariz. Ct. App. Div. 1 2024
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State v. Foster
559 P.3d 1139
Ariz. Ct. App. Div. 1 2024
the relationship between the issues of ‘causation’ and ‘involvement’ in the accident, especially in light of the prosecutor’s [closing] argument explicitly conflating those two concepts.” ¶69 Under appropriate circumstances, a defendant may be permitted to introduce so-called “third-party culpability” evidence at trial “to show that someone else committed the crime.” ¶ 1 (2011).
- State v. Borquez Ariz. Ct. App. Div. 1 2024
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State v. Borquez
Ariz. Ct. App. Div. 1 2024
10 STATE v. BORQUEZ Decision of the Court uncharged wrongful conduct “can easily tip the balance against the defendant,” ¶ 15 (2011) (cleaned up), evidence of “prior bad acts” is “usually inadmissible at trial,”
- State of Arizona v. Timothy Andrew Parkinson 554 P.3d 1 Ariz. Ct. App. Div. 2 2024
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State of Arizona v. Timothy Andrew Parkinson
554 P.3d 1
Ariz. Ct. App. Div. 2 2024
Our jurisprudence sets forth this elevated standard because the “central purpose” of that rule is to “protect criminal defendants from unfair use of propensity evidence.” ¶¶ 1, 7-9, 14-16 (2011) (considering other acts by a third party to support third-party culpability defense).
- State v. Hall Ariz. Ct. App. Div. 1 2023
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State v. Hall
Ariz. Ct. App. Div. 1 2023
’ to subject the declarant to criminal liability.” ¶ 46 (1998) (quoting LaGrand, 153 Ariz. at 27) (holding that a person’s letter suggesting that he had committed a homicide, was against his interest but was not admissible because no other evidence linked him to the murder and therefore was not corroborated)
- State v. Miranda Ariz. Ct. App. Div. 1 2023
- State v. Miranda Ariz. Ct. App. Div. 1 2023
- State v. Mallotte Ariz. Ct. App. Div. 1 2022
- State v. Mallotte Ariz. Ct. App. Div. 1 2022
- State v. Hester Ariz. Ct. App. Div. 1 2019
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State v. Hester
Ariz. Ct. App. Div. 1 2019
¶54 Moreover, is inapposite.
- State v. Brandeberry Ariz. Ct. App. Div. 1 2019
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State v. Brandeberry
Ariz. Ct. App. Div. 1 2019
¶ 14 (2011) (“The admission of third- party culpability evidence is governed by the standards of Rules 401 through 403 of the Arizona Rules of Evidence.
- State v. Hanley Ariz. Ct. App. Div. 1 2018
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State v. Hanley
Ariz. Ct. App. Div. 1 2018
“Although the details need not be identical, there must be similarities between important aspects where one would normally expect to find difference.” ¶ 17 (2011).
- State v. Phillips Ariz. Ct. App. Div. 1 2018
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State v. Phillips
Ariz. Ct. App. Div. 1 2018
“The admission of third-party culpability evidence is governed by the standards of Rules 401 through 403 of the Arizona Rules of Evidence, not by Rule 404(b).” ¶ 16 (2011).
- State v. Medina 418 P.3d 1134 Ariz. Ct. App. Div. 2 2018
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State v. Medina
418 P.3d 1134
Ariz. Ct. App. Div. 2 2018
See Smith , 123 Ariz. at 252 , 599 P.2d at 208 ; Delgado , 174 Ariz. at 257 , 848 P.2d at 342 ; cf. State v. Machado , , ¶¶ 12-13, , 1166-67 (App. 2010), aff'd , , ¶ 26, , 637 (2011), and abrogated in part on other grounds as recognized by State v. Nottingham , , n.4, , 954 n.4 (App. 2012).
- State v. Meyers Ariz. Ct. App. Div. 1 2018
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State v. Meyers
Ariz. Ct. App. Div. 1 2018
¶ 3 (App. 2004) (citation omitted).5 In determining whether the trial court abused its discretion we acknowledge that the United States Constitution guarantees defendants “a meaningful opportunity to present a complete defense.” ¶ 36 (App. 2016) ( ¶ 12 (App. 2010), aff’d, (internal quotation omitted)).
- State v. Stelmasek Ariz. Ct. App. Div. 1 2017
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State v. Stelmasek
Ariz. Ct. App. Div. 1 2017
¶ 16, Prion, 203 Ariz. at 161, ¶ 22, 52 P.3d at 193.
- 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
- State v. Smith Ariz. Ct. App. Div. 1 2017
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State v. Smith
Ariz. Ct. App. Div. 1 2017
Moreover, the superior court has discretion to exclude third-party culpability evidence “if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” n.2, ¶ 16 (2011) (quoting Ariz. R. Evid.
- State v. Peterson Ariz. Ct. App. Div. 1 2016
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State v. Peterson
Ariz. Ct. App. Div. 1 2016
¶ 16 (2011); Prion, 203 Ariz. at 161, ¶ 22.
- State v. Hicks Ariz. Ct. App. Div. 1 2016
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State v. Hicks
Ariz. Ct. App. Div. 1 2016
Because credibility questions traditionally fall within the jury’s province, a court should “examine any evidence that corroborates or contradicts the statement to find whether a reasonable person could conclude that the statement is true.” ¶ 21, (internal quotation marks and citation omitted).
- State of Arizona v. Mark Goudeau 372 P.3d 945 Ariz. 2016
- State of Arizona v. Mark Goudeau 372 P.3d 945 Ariz. 2016
- State v. Vasquez Ariz. Ct. App. Div. 1 2015
- State v. Vasquez Ariz. Ct. App. Div. 1 2015
- State v. Murrieta Ariz. Ct. App. Div. 1 2015
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State v. Murrieta
Ariz. Ct. App. Div. 1 2015
More specifically, ¶ 16, affirming –56, ¶¶ 29–32, –71 (App. 2010), Murrieta argues Rule 404(b) “was designed to protect defendants,” not “witnesses such as the victim,” and thus this evidence should have been admitted.
- State v. Washington Ariz. Ct. App. Div. 1 2015
- State v. Washington Ariz. Ct. App. Div. 1 2015
- State v. Cummings Ariz. Ct. App. Div. 1 2014
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State v. Cummings
Ariz. Ct. App. Div. 1 2014
804(a), (b)(3); -85, ¶ 18, -36 (2011).
- State of Arizona v. Nelson E. Nottingham 289 P.3d 949 Ariz. Ct. App. Div. 2 2012
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State of Arizona v. Nelson E. Nottingham
289 P.3d 949
Ariz. Ct. App. Div. 2 2012
See, aff’d, P.3d 632 (2011); review dismissed, P.2d 1269 (1997)
- State of Arizona v. James Darrell Johnson Ariz. Ct. App. Div. 2 2012
- State of Arizona v. James Darrell Johnson Ariz. Ct. App. Div. 2 2012