Cited by
Opinions in Arizona that cite State v. Dickens, 926 P.2d 468.
- State of Arizona v. Sammantha Lucille Rebecca Allen 513 P.3d 282 Ariz. 2022
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State of Arizona v. Sammantha Lucille Rebecca Allen
513 P.3d 282
Ariz. 2022
(concluding that erroneous admission of hearsay evidence that was cumulative to other evidence was harmless)
- State v. Giebel Ariz. Ct. App. Div. 1 2020
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State v. Giebel
Ariz. Ct. App. Div. 1 2020
But “[e]ven if a defendant does not contest certain issues, photographs are still admissible if relevant because the ‘burden to prove every element of a crime is not relieved by a defendant’s tactical decision not to contest an essential element of the offense.’” (quoting Estelle v. McGuire, 502 U.S. 62, 69 (1991)), (“While it may be true that the subject-matter of a photograph can be described adequately
- State v. Prado Ariz. Ct. App. Div. 1 2020
- State v. Prado Ariz. Ct. App. Div. 1 2020
- State v. Jackson Ariz. Ct. App. Div. 1 2019
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State v. Jackson
Ariz. Ct. App. Div. 1 2019
See State v. Hughes, 193 Ariz. at 78-79, ¶¶ 24-25 ().
- State v. Garnica Ariz. Ct. App. Div. 1 2019
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State v. Garnica
Ariz. Ct. App. Div. 1 2019
Although Garnica did not contest ownership and possession of the weapon, "[e]ven if a defendant does not contest certain issues, photographs are still admissible if relevant because the 'burden to prove every element of the crime is not relieved by a defendant's tactical decision not to contest an essential element of the offense.'" (quoting Estelle v. McGuire, 502 U.S. 62, 69 (1991))
- State v. Tamala Ariz. Ct. App. Div. 1 2018
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State v. Tamala
Ariz. Ct. App. Div. 1 2018
(“Although a defendant has a fundamental constitutional right to confront witnesses and present a defense, the right is limited to the presentation of matters admissible under ordinary evidentiary rules .
- State of Arizona v. Jose Alejandro Acuna Valenzuela 426 P.3d 1176 Ariz. 2018
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State of Arizona v. Jose Alejandro Acuna Valenzuela
426 P.3d 1176
Ariz. 2018
The general rule, known as Lord Mansfield’s rule, is that a juror’s testimony is not admissible to impeach the verdict.” ¶ 48 (2012) ( ).
- State of Arizona v. Jasper Phillip Rushing Ariz. 2017
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State of Arizona v. Jasper Phillip Rushing
Ariz. 2017
Cf. Hampton, 213 Ariz. at 173 ¶ 19 (“Even if a defendant does not contest certain issues, photographs are still admissible if relevant because the burden to prove every element of the crime is not relieved by a defendant’s tactical decision not to contest an essential element of the offense.” ().
- State v. Orona Ariz. Ct. App. Div. 1 2017
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State v. Orona
Ariz. Ct. App. Div. 1 2017
State v. Portis, 187 Ariz. 1 Hearsay is an out-of-court statement offered to "prove the truth of the matter asserted in the statement."
- State of Arizona v. Darrel Peter Pandeli 394 P.3d 2 Ariz. 2017
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State of Arizona v. Darrel Peter Pandeli
394 P.3d 2
Ariz. 2017
Our general rule has been stated several times over the years, and was recently stated in State v. Dickens, 187 Ariz. 1, 21, as follows: “[T]his court does not recognize the so-called cumulative error doctrine.” (1991
- State v. Clary Ariz. Ct. App. Div. 1 2016
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State v. Clary
Ariz. Ct. App. Div. 1 2016
ourt concluded, the statements are relevant as to the charged offenses, and although some of 24 Moreover, even if a defendant does not contest certain issues, photographs may still be admissible if relevant because the State’s “burden to prove every element of the crime is not relieved by a defendant’s tactical decision not to contest an essential element of the offense.” (quoting Estelle v. McGuire, 502 U.S. 62, 69 (1991)), P.3d 509 (2012).
- State v. Dees Ariz. Ct. App. Div. 1 2016
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State v. Dees
Ariz. Ct. App. Div. 1 2016
Van Arsdall, 475 U.S. at 679; () (stating a court does not violate a defendant’s confrontation rights by limiting cross-examination to “matters admissible under ordinary evidentiary rules, including relevance”).
- State v. Kirby Ariz. Ct. App. Div. 1 2016
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State v. Kirby
Ariz. Ct. App. Div. 1 2016
unless the party objects thereto before the jury retires to consider its verdict[.]"); –23 (1996), -43 (2012).
- State v. Mendoza-Saravia Ariz. Ct. App. Div. 1 2016
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State v. Mendoza-Saravia
Ariz. Ct. App. Div. 1 2016
“Even if a defendant does not contest certain issues, photographs are still admissible if relevant because the ‘burden to prove every element of the crime is not relieved by a defendant’s tactical decision not to contest an essential element of the offense.’” (citation omitted) (abrogated on other grounds, -43, ¶¶ 15-20 (2012)).
- State v. Bogie Ariz. Ct. App. Div. 1 2016
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State v. Bogie
Ariz. Ct. App. Div. 1 2016
However, this right is not without limitation; “[a] defendant’s fundamental right to confront and cross-examine adverse witnesses is ‘limited to the presentation of matters admissible under ordinary evidentiary rules, including relevance.’” Riggs, 189 Ariz. at 333 ().
- State v. Bustamante Ariz. Ct. App. Div. 1 2016
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State v. Bustamante
Ariz. Ct. App. Div. 1 2016
State v. Cañez, ¶ 62, (“A defendant’s fundamental right to confront and cross-examine adverse witnesses is ‘limited to the presentation of matters admissible under ordinary evidentiary rules, including relevance.’” ( )).
- State v. Brown Ariz. Ct. App. Div. 1 2015
- State v. Brown Ariz. Ct. App. Div. 1 2015
- State v. Webster Ariz. Ct. App. Div. 1 2015
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State v. Webster
Ariz. Ct. App. Div. 1 2015
-43, ¶¶ 15-20, - 13 (2012).
- State v. Loader Ariz. Ct. App. Div. 1 2015
- State v. Rozenman Ariz. Ct. App. Div. 1 2015
- State v. Rozenman Ariz. Ct. App. Div. 1 2015
- State v. Oman Ariz. Ct. App. Div. 1 2014
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State v. Oman
Ariz. Ct. App. Div. 1 2014
United States v. Scheffer, 523 U.S. 303, 308 (1998); (“Although a defendant has a fundamental constitutional right to .
- State of Arizona v. Christopher Mathew Payne 306 P.3d 17 Ariz. 2013
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State of Arizona v. Christopher Mathew Payne
306 P.3d 17
Ariz. 2013
(defendant must show juror “was biased and could not reasonably render a fair or impartial verdict”), -43 ¶¶ 15, 20, -13 (2012).
- State of Arizona v. Rodney Eugene Hardy 283 P.3d 12 Ariz. 2012
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State of Arizona v. Rodney Eugene Hardy
283 P.3d 12
Ariz. 2012
¶49 A defendant’s constitutional right to present a defense “is limited to the presentation of matters admissible under ordinary evidentiary rules.” State v. Dickens, 187 Ariz. 1, 14, abrogated in part on other grounds by Ferrero, 229 Ariz. at 243 ¶ 20, 274 P.3d at 513; see also Taylor v. Illinois, 484 U.S. 400, 410, 411 n.15 (1988).
- State v. Pete J. Vanwinkle 285 P.3d 308 Ariz. 2012
- State v. Pete J. Vanwinkle 285 P.3d 308 Ariz. 2012
- State v. Nelson 273 P.3d 632 Ariz. 2012
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State v. Nelson
273 P.3d 632
Ariz. 2012
“The general rule, known as Lord Mansfield’s rule, is that a juror’s testimony is not admissible to impeach the verdict.”
- State v. Ferrero 274 P.3d 509 Ariz. 2012