Cited by
Opinions in Arizona that cite State v. Lavers, 814 P.2d 333.
- Crown Asset v. Ciulla Ariz. Ct. App. Div. 1 2026
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,”