Cited by

Opinions in Arizona that cite State v. Lavers, 814 P.2d 333.

269 citing documents.

  • Crown Asset v. Ciulla Ariz. Ct. App. Div. 1 2026
  • Crown Asset v. Ciulla Ariz. Ct. App. Div. 1 2026
    The admissibility of evidence under Rule 901 does not depend on a determination that the evidence is in fact authentic, “but only whether evidence exists from which the [factfinder] could reasonably conclude that it is authentic.”
  • State v. Morris Ariz. Ct. App. Div. 1 2025
  • State v. Morris Ariz. Ct. App. Div. 1 2025
    “[The] party asserting that the trial court erred in denying a motion to strike a juror for cause has the burden of establishing that the juror is incapable of rendering a fair and impartial verdict.” (citation omitted).
  • State v. Schalk Ariz. Ct. App. Div. 1 2025
  • State v. Schalk Ariz. Ct. App. Div. 1 2025
  • State v. Davis Ariz. Ct. App. Div. 1 2024
  • State v. Davis Ariz. Ct. App. Div. 1 2024
    Authenticity is shown where the proponent makes a sufficient showing “from which the jury could reasonably conclude that [the proffered evidence] is authentic.” (citing cases).
  • State of Arizona v. Christopher Michael Montoya 554 P.3d 473 Ariz. 2024
  • State of Arizona v. Christopher Michael Montoya 554 P.3d 473 Ariz. 2024
  • State of Arizona v. Dimitri Polanco Romero 556 P.3d 305 Ariz. Ct. App. Div. 2 2024
  • State of Arizona v. Dimitri Polanco Romero 556 P.3d 305 Ariz. Ct. App. Div. 2 2024
    The party challenging empanelment of the juror bears the burden of establishing that the juror is “incapable of rendering a fair and impartial verdict.” ().
  • State v. Perez Ariz. Ct. App. Div. 1 2024
  • State v. Perez Ariz. Ct. App. Div. 1 2024
    When the superior court rules on authentication it “does not determine whether the evidence is authentic, but only whether evidence exists from which the jury could reasonably conclude that it is authentic.”
  • State v. Colorado 535 P.3d 941 Ariz. Ct. App. Div. 1 2023
  • State v. Colorado 535 P.3d 941 Ariz. Ct. App. Div. 1 2023
    ¶ 21 (2018) (stating rule that a “party asserting that the trial court erred in denying a motion to strike a juror for cause has the burden of establishing that the juror is incapable of rendering a fair and impartial verdict”) ().
  • State of Arizona v. Larry James Fournier Ariz. Ct. App. Div. 2 2023
  • State of Arizona v. Larry James Fournier Ariz. Ct. App. Div. 2 2023
    Fournier was required to show that the prospective juror was “incapable of rendering a fair and impartial verdict.” (); Ariz. R. Crim.
  • State of Arizona v. Jose Luis Jimenez 534 P.3d 516 Ariz. Ct. App. Div. 2 2023
  • State of Arizona v. Jose Luis Jimenez 534 P.3d 516 Ariz. Ct. App. Div. 2 2023
    As the party asserting error, Jimenez bears the burden of establishing Juror 8 was “incapable of rendering a fair and impartial verdict.” ().
  • State v. Gaspar Ariz. Ct. App. Div. 1 2022
  • State v. Gaspar Ariz. Ct. App. Div. 1 2022
    See, (upholding a warrant seeking specific items as well as “any and all evidence relating to” a murder).
  • Matthews v. Bridge III Az Onnix Ariz. Ct. App. Div. 1 2022
  • Matthews v. Bridge III Az Onnix Ariz. Ct. App. Div. 1 2022
    5 MATTHEWS v. BRIDGE III AZ ONNIX, et al. Decision of the Court ¶18 Authentication is a “condition precedent to admissibility.”
  • State v. Woods Ariz. Ct. App. Div. 1 2022
  • State v. Woods Ariz. Ct. App. Div. 1 2022
  • State v. Story Ariz. Ct. App. Div. 1 2021
  • State v. Story Ariz. Ct. App. Div. 1 2021
    We presume that “any evidence not available on appeal supports the trial court’s actions.”
  • State v. Romero Ariz. Ct. App. Div. 1 2021
  • State v. Romero Ariz. Ct. App. Div. 1 2021
    Romero bears the burden of ensuring the record on appeal is complete, -13 (1982), and “[w]hen the record is not complete, we must assume that any evidence not available on appeal supports the trial court’s actions,”
  • State of Arizona v. John Michael Allen Ariz. 2020
  • State of Arizona v. John Michael Allen Ariz. 2020
    .” (); ¶ 83 (2015) (concluding cruelty aggravator shown by evidence that victim was conscious and secured to chair, indicating he had “ample time to contemplate his fate”), rev’d on other grounds by Lynch v. Arizona, 136 S. Ct. 1818 (2016).
  • State v. Sutherland Ariz. Ct. App. Div. 1 2020
  • State v. Sutherland Ariz. Ct. App. Div. 1 2020
    The trial court does not determine the evidence’s authenticity, “but only whether evidence exists from which the jury could reasonably conclude that it is authentic.”
  • State v. Rogel Torres Ariz. Ct. App. Div. 1 2019
  • State v. Rogel Torres Ariz. Ct. App. Div. 1 2019
    The superior court “does not determine whether the evidence is authentic, but only whether evidence exists from which the jury could reasonably conclude that it is authentic.”
  • State v. Vega Ariz. Ct. App. Div. 1 2019
  • State v. Vega Ariz. Ct. App. Div. 1 2019
    When determining authentication, the superior court “does not determine whether the evidence is authentic, but only whether evidence exists from which the jury could reasonably conclude that it is authentic.”
  • State v. McNeill Ariz. Ct. App. Div. 1 2019
  • State v. McNeill Ariz. Ct. App. Div. 1 2019
    (“We have held that it is the responsibility of the party objecting to see that the record on appeal contains the material to which exception is taken.”); (“[W]e assume that any evidence not available on appeal supports the trial court’s actions.”).
  • State v. Byers Ariz. Ct. App. Div. 1 2019
  • State v. Byers Ariz. Ct. App. Div. 1 2019
  • State v. Anderson Ariz. Ct. App. Div. 1 2019
  • State v. Anderson Ariz. Ct. App. Div. 1 2019
    “When the record is not complete, we must assume that any evidence not available on appeal supports the trial court’s actions.”
  • State v. Griffith 449 P.3d 353 Ariz. Ct. App. Div. 1 2019
  • State v. Griffith 449 P.3d 353 Ariz. Ct. App. Div. 1 2019
    See Browne, 834 F.3d at 410; (describing authentication as an “aspect[] of relevancy that [is] a condition precedent to admissibility”).
  • State v. Cisneros Ariz. Ct. App. Div. 1 2019
  • State v. Cisneros Ariz. Ct. App. Div. 1 2019
  • State v. Wadi Ariz. Ct. App. Div. 1 2019
  • State v. Wadi Ariz. Ct. App. Div. 1 2019
    This standard may be satisfied by circumstantial evidence, and the question for the superior court is not “whether the evidence is authentic, but only whether evidence exists from which the [finder of fact] could reasonably conclude that it is authentic,”