Cited by
Opinions in Arizona that cite State v. Murray, 906 P.2d 542.
- State v. Reilly Ariz. Ct. App. Div. 1 2019
- State v. Reilly Ariz. Ct. App. Div. 1 2019
- State v. Jones Ariz. Ct. App. Div. 1 2019
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State v. Jones
Ariz. Ct. App. Div. 1 2019
(“[c]ertainly the jurors were aware that defendants were arrested and had spent some time in custody prior to trial .
- State v. Jackson Ariz. Ct. App. Div. 1 2019
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State v. Jackson
Ariz. Ct. App. Div. 1 2019
“When a defendant concurrently has self-representation and representation by counsel, hybrid representation results.” ().
- State v. Dansdill 443 P.3d 990 Ariz. Ct. App. Div. 2 2019
- State v. Dansdill 443 P.3d 990 Ariz. Ct. App. Div. 2 2019
- State v. Hernandez 443 P.3d 33 Ariz. Ct. App. Div. 2 2019
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State v. Hernandez
443 P.3d 33
Ariz. Ct. App. Div. 2 2019
see also State v. Murray , , 33, , 566 (1995) ; State v. Davis , , ¶ 35
- State v. Gaines Ariz. Ct. App. Div. 1 2019
- State v. Gaines Ariz. Ct. App. Div. 1 2019
- State v. Matta Ariz. Ct. App. Div. 1 2019
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State v. Matta
Ariz. Ct. App. Div. 1 2019
(defendant is not entitled to a Willits instruction “merely because a more exhaustive investigation could have been made”); (“We do not believe that a failure to pursue every lead or gather every conceivable bit of physical evidence will require a Willits
- Phoenix City Prosecutor v. Hon. lowery/claudette Craig 430 P.3d 884 Ariz. 2018
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Phoenix City Prosecutor v. Hon. lowery/claudette Craig
430 P.3d 884
Ariz. 2018
Whitaker, 112 Ariz. at 542.
- State v. Duarte 438 P.3d 707 Ariz. Ct. App. Div. 2 2018
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State v. Duarte
438 P.3d 707
Ariz. Ct. App. Div. 2 2018
State v. Murray , , 30, , 563 (1995) ; see Ariz. R. Evid.
- State v. Muldrow Ariz. Ct. App. Div. 1 2018
- State v. Muldrow Ariz. Ct. App. Div. 1 2018
- State v. Barfield Ariz. Ct. App. Div. 1 2018
- State v. Barfield Ariz. Ct. App. Div. 1 2018
- State v. Antwine Ariz. Ct. App. Div. 1 2018
- State v. Antwine Ariz. Ct. App. Div. 1 2018
- State v. Suazo Ariz. Ct. App. Div. 1 2018
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State v. Suazo
Ariz. Ct. App. Div. 1 2018
Nevertheless, “[d]estruction or nonretention of evidence does not automatically entitle a defendant to a Willits instruction.”
- State v. Ramirez Ariz. Ct. App. Div. 1 2018
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State v. Ramirez
Ariz. Ct. App. Div. 1 2018
Moreover, “[t]he probative value of evidence is not reduced because it is circumstantial.” ().
- State v. Tucker Ariz. Ct. App. Div. 1 2018
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State v. Tucker
Ariz. Ct. App. Div. 1 2018
To establish an abuse of discretion, a defendant must show that he would be prejudiced absent severance—a “compelling prejudice against which the trial court was unable to protect.” (citations and internal quotations omitted).
- State v. Green Ariz. Ct. App. Div. 1 2018
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State v. Green
Ariz. Ct. App. Div. 1 2018
ch as an interview video, jail calls, or other similar material that shows a defendant has been in custody at some point does not implicate the same concerns as forcing a defendant, against his will, to wear jail clothing at trial because such evidence is not a “constant reminder of the accused’s condition” during the trial that “furthers no essential state policy.” Id.; (holding that knowledge by jury that defendants spent some time in custody prior to trial was not prejudicial and did “not den
- Dominguez v. Foster 413 P.3d 1249 Ariz. Ct. App. Div. 1 2018
- Dominguez v. Foster 413 P.3d 1249 Ariz. Ct. App. Div. 1 2018
- State v. Sanford Ariz. Ct. App. Div. 1 2017
- State v. Harden Ariz. Ct. App. Div. 1 2017
- State v. Sanford Ariz. Ct. App. Div. 1 2017
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State v. Harden
Ariz. Ct. App. Div. 1 2017
¶13 Because “joint trials are the rule rather than the exception,” when defendants are properly joined under Rule 13.3(b), severance is required only if “necessary to promote a fair determination of the guilt or innocence of any defendant.” Ariz. R. Crim.
- State v. Tull Ariz. Ct. App. Div. 1 2017
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State v. Tull
Ariz. Ct. App. Div. 1 2017
conduct and from the evidence which applies to that Defendant, as if that Defendant were being tried alone.” Presuming the jurors followed these instructions, as we must, Tull fails to establish the requisite prejudice for finding reversible error in the court’s decisions to use dual juries and to permit the introduction of Mucthison’s and Braithwaite’s (finding no prejudice in light of a similar instruction because “[w]ith such an instruction, the jury is presumed to have considered the evidenc
- State v. Stelljes Ariz. Ct. App. Div. 1 2017
- State v. Stelljes Ariz. Ct. App. Div. 1 2017
- State v. Gurrieri Ariz. Ct. App. Div. 1 2016
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State v. Gurrieri
Ariz. Ct. App. Div. 1 2016
Because “joint trials are the rule rather than the exception,” when defendants are properly joined under Rule 13.3(b), severance is required only if “necessary to promote a fair determination of the guilt or innocence of any defendant[.]” Ariz. R. Crim.
- State v. Democker Ariz. Ct. App. Div. 1 2016
- State v. Jernigan Ariz. Ct. App. Div. 1 2016
- State v. Jernigan Ariz. Ct. App. Div. 1 2016
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State v. Democker
Ariz. Ct. App. Div. 1 2016
(holding that because “[t]here is more than one way in which footprints can be preserved and analyzed,” a detective’s failure to follow FBI procedures went to the weight of the evidence and not its admissibility).
- State v. Coleman Ariz. Ct. App. Div. 1 2016
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State v. Coleman
Ariz. Ct. App. Div. 1 2016
¶17 Moreover, Coleman cannot show “compelling prejudice against which the trial court was unable to protect,” (), where, as here, “the trial court instructed the jury to consider each count separately and explained that the State bore the burden to ‘prove each element of each charged crime beyond a reasonable doubt,’” Miller, 234 Ariz. at 38, ¶ 18 (quoting Hausner, 23