Cited by

¶ 13 (2020) (“[I]f a defendant simply asserts a general claim of error on appeal and fails to develop it, a court is not obligated to consider it.”) (citation omitted).

tablish cumulative error, Jones “must: 1) assert cumulative error exists; 2) cite to the record where the alleged instances of misconduct occurred; 3) cite to legal authority establishing that the alleged instances constitute prosecutorial misconduct; and 4) set forth the reasons why the cumulative misconduct denied [him] a fair trial with citation to applicable legal authority.” ¶ 14 (2020).

¶ 13 (2020) ( (“Failure to argue a claim usually constitutes abandonment and waiver of that claim.”)).

the cumulative effect of any errors we find so infected the trial with unfairness as to make the resulting conviction a denial of due process.” Montoya, 258 22 STATE V. RUSHING Opinion of the Court Ariz. at 142 ¶ 10 ( ¶ 64 (2022)); ¶ 14 (2020) (to same effect).

¶ 13 (2020) ( (“Failure to argue a claim usually constitutes abandonment and waiver of that claim.”)).

¶ 13 (2020) (“[I]f a defendant simply asserts a general claim of error on appeal and fails to develop it, a court is not obligated to consider it.”); (“Failure to argue a claim usually constitutes abandonment and waiver of that claim.”); see also In re $26,980.00 U.S. Cu

P. 31.10(a)(7)(A) (opening briefs must include “appellant’s contentions with supporting reasons for each contention” and “citations of legal authorities.”); ¶ 22 (2020); ¶ 10 (App. 2013).

8 STATE v. ROMERO Opinion of the Court ¶22 For cumulative prosecutorial error, Romero need not show that each alleged instance of error deprived him of a fair trial but instead may show that multiple instances of error “cumulatively amount to fundamental error.”

¶ 13 (2020) (“[I]f a defendant simply asserts a general claim of error on appeal and fails to develop it, a court is not obligated to consider it.”); (“Failure to argue a claim usually constitutes abandonment and waiver of that claim.”).

(argument waived when not argued on appeal), 4 ¶23 Our dissenting colleague is no doubt correct that there may be further and other procedural issues resulting from this opinion presented in succeeding cases, but our role is not to ignore otherwise proper legislative acts because we do not like the consequences.

See Escalante, 245 Ariz. at 142, ¶ 21; ¶ 13 (2020) (“[I]f a defendant simply asserts a general claim of error on appeal and fails to develop it, a court is not obligated to consider it.”).

¶ 13 (2020) (reviewing courts need not consider general, undeveloped claims of error); (failing to argue a claim typically waives and abandons that claim).

“[I]f the appellant fails to properly develop an argument, the court may consider it abandoned and waived.” ¶ 22 (2020).

(failure to properly develop an argument, including the applicable standard or review, may waive review on appeal).

(when appellant fails to properly develop argument, court may consider it abandoned and waived).

To establish a cumulative claim of prosecutorial error under a fundamental-error standard, the defendant must show “the error was so egregious that he could not possibly have received a fair trial.” –90, ¶¶ 12–13 (2020).

¶7 “We review the interpretation of court rules de novo and apply principles of statutory construction when doing so.” ¶ 9 (2020) ( ¶ 5 (2018)).

DISCUSSION ¶11 A prosecutor’s misstatement of the reasonable-doubt standard, to which a defendant fails to object, implicates both fundamental error review, see Escalante, 245 Ariz. at 138 ¶ 1, and review for prosecutorial error or misconduct, ¶ 1 (2020).

Although a defendant must typically establish prejudice, a “defendant claiming cumulative error based on prosecutorial misconduct need not separately assert prejudice since a successful claim necessarily establishes the unfairness of a trial.” ¶ 13 (2020).

with the third prong of Escalante,” Olaoye does not need to demonstrate prejudice for each individual instance of 3 STATE v. OLAOYE Decision of the Court prosecutorial misconduct because “a successful [cumulative error] claim necessarily establishes the unfairness of a trial.” ¶ 13 (2020).