Cited by
Opinions in Arizona that cite State v. Dumaine, 783 P.2d 1184.
- State v. Tupa Ariz. Ct. App. Div. 1 2025
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State v. Tupa
Ariz. Ct. App. Div. 1 2025
¶12 Of course, “[t]he use of a witness’s mental condition for impeachment purposes is proper if there is an indication that the mental condition affected the truth of his testimony.”
- State v. Lewis Ariz. Ct. App. Div. 1 2023
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State v. Lewis
Ariz. Ct. App. Div. 1 2023
-06 (1989) (holding that to obtain reversal of conviction based on nondisclosure of evidence, defendant must establish materiality of undisclosed evidence).
- State v. Gee Ariz. Ct. App. Div. 1 2023
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State v. Gee
Ariz. Ct. App. Div. 1 2023
Defendant must show that he suffered prejudice, meaning “the undisclosed material would have created a reasonable doubt had it been presented to the jury.”
- State v. Gomes Ariz. Ct. App. Div. 1 2022
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State v. Gomes
Ariz. Ct. App. Div. 1 2022
“The test for a Brady violation is whether the undisclosed material would have created a reasonable doubt had it been presented to the jury.” ¶ 52 (2003) ().
- State v. Snow Ariz. Ct. App. Div. 1 2022
- State v. Snow Ariz. Ct. App. Div. 1 2022
- State v. MacIas Ariz. Ct. App. Div. 1 2021
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State v. MacIas
Ariz. Ct. App. Div. 1 2021
r places the prestige of the government behind its witnesses, and (2) Where 4 STATE v. MACIAS Decision of the Court the prosecutor suggests that information not presented to the jury supports the witness’s testimony.” ¶ 6 (App. 2014) ( ).
- State v. Jackson Ariz. Ct. App. Div. 1 2019
- State v. Lara Ariz. Ct. App. Div. 1 2019
- State v. Lara Ariz. Ct. App. Div. 1 2019
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State v. Jackson
Ariz. Ct. App. Div. 1 2019
As arms of the State, prosecutors must not only disclose exculpatory evidence, they may not knowingly elicit false testimony, ¶ 11 (2005), or use the prestige of the government to improperly vouch for the credibility of the State’s witnesses, ¶ 24 (1998) ().
- State v. Cook Ariz. Ct. App. Div. 1 2017
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State v. Cook
Ariz. Ct. App. Div. 1 2017
“Prosecutorial vouching occurs ‘when the prosecutor places the prestige of the government behind its witness,’ or ‘where the prosecutor suggests that information not presented to the jury supports the witness’s testimony.’” ¶ 23, ( –90, ¶¶ 9-12, -43 (2010)).
- State of Arizona v. Joel Randu Escalante-Orozco 386 P.3d 798 Ariz. 2017
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State of Arizona v. Joel Randu Escalante-Orozco
386 P.3d 798
Ariz. 2017
¶95 Prosecutors are given “[w]ide latitude” in closing argument and “may comment on evidence and argue all reasonable inferences therefrom.”
- State v. Gurrieri Ariz. Ct. App. Div. 1 2016
- State v. Gurrieri Ariz. Ct. App. Div. 1 2016
- State v. Canales Ariz. Ct. App. Div. 1 2015
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State v. Canales
Ariz. Ct. App. Div. 1 2015
“Prosecutorial vouching occurs ‘when the prosecutor places the prestige of the government behind its witness,’ or ‘where the prosecutor suggests that information not presented to the jury supports the witness’s testimony.’” ¶ 23, ( -90, ¶¶ 9-12, -43 (2010)).
- State v. Robinson Ariz. Ct. App. Div. 1 2015
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State v. Robinson
Ariz. Ct. App. Div. 1 2015
The entitlement arises where an instruction is supported by “‘the slightest evidence.’” ( ).
- State v. Robinson Ariz. Ct. App. Div. 1 2014
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State v. Robinson
Ariz. Ct. App. Div. 1 2014
("[N]o prosecutorial misconduct occurs where the prosecutor merely arranges a favorable plea agreement with one of the several witnesses testifying against the defendant .
- State v. Valenzuela-Valdez Ariz. Ct. App. Div. 1 2014
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State v. Valenzuela-Valdez
Ariz. Ct. App. Div. 1 2014
See Lujan, 136 Ariz. at 104, 664 P.2d at 648; -05, -97 (1989) (overruled on other grounds).
- State v. Dyer Ariz. Ct. App. Div. 1 2014
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State v. Dyer
Ariz. Ct. App. Div. 1 2014
Further, "[p]rosecutorial misconduct does not require reversal ‘unless the defendant has been denied a fair trial as a result of the actions of counsel.’" Bible, 175 Ariz. at 600, 858 P.2d at 1203 ( ).
- State of Arizona v. Stephen Vincent Haverstick 318 P.3d 877 Ariz. Ct. App. Div. 2 2014
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State of Arizona v. Stephen Vincent Haverstick
318 P.3d 877
Ariz. Ct. App. Div. 2 2014
Impermissible prosecutorial vouching takes two forms: “(1) when the prosecutor places the prestige of the government behind its witness, and (2) where the prosecutor suggests that information not presented to the jury supports the witness’s testimony.” ¶¶ 9, 12, -43 (2010).
- State v. Trujillo 257 P.3d 1194 Ariz. Ct. App. Div. 1 2011
- State v. Trujillo 257 P.3d 1194 Ariz. Ct. App. Div. 1 2011
- State v. Delahanty 250 P.3d 1131 Ariz. 2011
- State v. Delahanty 250 P.3d 1131 Ariz. 2011
- State v. King 235 P.3d 240 Ariz. 2010
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State v. King
235 P.3d 240
Ariz. 2010
¶4 The court of appeals reversed the order granting the new trial, holding that King was not entitled to a self-defense instruction because he had not presented sufficient evidence that he acted solely from fear of immediate physical danger
- State v. King 218 P.3d 1093 Ariz. Ct. App. Div. 2 2009
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State v. King
218 P.3d 1093
Ariz. Ct. App. Div. 2 2009
Both parties agree a trial court must give a self-defense instruction only when the defendant has demonstrated that “(1) he reasonably believed he was in immediate physical danger; (2) he acted solely because of this belief; and (3) he used no more force than appeared reasonably necessary under the circumstance.”
- State of Arizona v. Dean William Zinsmeyer Ariz. Ct. App. Div. 2 2009
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State of Arizona v. Dean William Zinsmeyer
Ariz. Ct. App. Div. 2 2009
“Wide latitude, however, is given in closing arguments, and counsel may comment on evidence and argue all reasonable inferences therefrom.”
- State v. Haney 219 P.3d 274 Ariz. Ct. App. Div. 1 2009
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State v. Haney
219 P.3d 274
Ariz. Ct. App. Div. 1 2009
¶ 13 A justification instruction is warranted if it is supported by the “slightest evidence.” , ( , ).
- State v. Garza 163 P.3d 1006 Ariz. 2007
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State v. Garza
163 P.3d 1006
Ariz. 2007
9 ¶23 Garza claims that such comments were “impermissible prosecutorial vouching.” Prosecutorial vouching occurs “when the prosecutor places the prestige of the government behind its witness,” or “where the prosecutor suggests that information not presented to the jury supports the witness’s testimony.”
- State v. Newell 132 P.3d 833 Ariz. 2006
- State v. Newell 132 P.3d 833 Ariz. 2006