Cited by

¶ 28 (2019) (“A murder is especially cruel if the victim consciously experiences physical abuse or mental anguish before death.” ()).

“[A] trial court should sparingly admit evidence of prior convictions when the prior convictions are similar to the charged offense; or in appropriate cases, the trial court may reduce the risk of prejudice by admitting the fact of a prior conviction without disclosing the nature of the crime.”

P. 31.10(a)(7)(A) (opening brief must include argument containing “contentions with supporting reasons for each contention”); (failure to argue claim constitutes waiver).

Such waiver extends to any claim for which the petitioner fails to develop an argument “in any meaningful way.” ¶ 16 (App. 2013); (holding the failure to offer argument sufficient for appellate review waives a claim); Ariz. R. Crim.

(insufficient argument waives claim on review).

¶16 Each party is entitled to jury instructions on “any theory of the case reasonably supported by the evidence,” Champagne, 247 Ariz. at 137, ¶ 60 (), but a jury instruction is improper if it misleads the jury, ¶ 37 (2010).

But the trial court has discretion over whether to give or refuse an instruction, and we will not upset that decision “absent a clear abuse of that discretion.”

Allen, 253 Ariz. at 349 ¶ 152; (stating in a capital case that we will not upset a trial court’s decision not to give a requested instruction “absent a clear abuse of [the court’s] discretion”).

¶22 We review for abuse of discretion the superior court’s decision whether to provide a jury instruction, and whether to grant a new trial, ¶ 10 (2017).

(recognizing that an insufficient argument waives a claim on review), abrogation on other grounds recognized by McKinney v. Ryan, 813 F.3d 798, 815– 16 (9th Cir. 2015).

See ARCAP 13(a)(7); -98 (1989) (“Failure to argue a claim on appeal constitutes waiver of that claim.”).

When reviewing the denial of a Rule 20 motion, a court considers “the entire record, including any evidence [the] defendant may have later supplied.” (“After making and losing a motion for a directed verdict, a defendant has the choice of resting on the motion or proceeding with his case.

P. 33.16(k) (describing appellate review as discretionary); ¶ 16 (App. 2013) (failure to cite to relevant authority and to develop the argument waives claim on review); (insufficient argument waives claim on review).

(“Failure to argue a claim on appeal constitutes waiver of that claim.”).

(“Petitioners must strictly comply with Rule 32 or be 2 STATE v. SOTO Decision of the Court denied relief.”); (Lack of a sufficient argument waives the claim on review.).

“Although a party is entitled to an instruction on all theories reasonably supported by the evidence, ‘when a jury is properly instructed on the applicable law, the trial court is not required to provide additional instructions that do nothing more than reiterate or enlarge the instructions in defendant’s language.’” ¶ 91 (2014) ().

¶ 16 (App. 2013) (failure to cite to relevant authority and to develop the argument waives claim on review); (insufficient argument waives claim on review).

(“Failure to argue a claim on appeal constitutes waiver of that claim.”); see also Ariz. R.P.

(“Failure to argue a claim on appeal constitutes waiver of that claim.”); (“A conviction based on insufficient evidence is fundamental error whether a defendant expressly argues fundamental error or not.”).

P. 31.10(a)(7)(A) (Opening briefs must contain “contentions with supporting reasons for each contention, and with citations of legal authorities and appropriate references to the portions of the record on which the appellant relies.”); (“Failure to argue a claim on appeal constitutes waiver of that claim.”).