Cited by
Opinions in Arizona that cite State v. Mott, 931 P.2d 1046.
- State v. Vaughn Ariz. Ct. App. Div. 1 2018
- State v. Shelley Ariz. Ct. App. Div. 1 2018
- State v. Shelley Ariz. Ct. App. Div. 1 2018
- State v. Dominguez Ariz. Ct. App. Div. 1 2017
- State v. Dominguez Ariz. Ct. App. Div. 1 2017
- State v. Jacobson 418 P.3d 960 Ariz. Ct. App. Div. 1 2017
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State v. Jacobson
418 P.3d 960
Ariz. Ct. App. Div. 1 2017
it was nevertheless admissible to show that she committed the charged offenses under duress.") (citing State v. Mott , , 541, , 1051 (1997) ; A.R.S.
- State v. Gehon Ariz. Ct. App. Div. 1 2017
- State v. Gehon Ariz. Ct. App. Div. 1 2017
- State v. Graystone Ariz. Ct. App. Div. 1 2017
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State v. Graystone
Ariz. Ct. App. Div. 1 2017
“Unfair prejudice results if the evidence has an undue tendency to suggest decision on an improper basis, such as emotion, sympathy, or horror.”
- State v. Hunter Ariz. Ct. App. Div. 1 2017
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State v. Hunter
Ariz. Ct. App. Div. 1 2017
(“Unfair prejudice results if the evidence has an undue tendency to suggest decision 4 Although Hunter refers to the “State’s” use of the term “cadaver,” she raises this claim as part of her challenge to the admission of the “dog sniff” evidence, and we therefore review the argument within that cont
- State v. Brents Ariz. Ct. App. Div. 1 2017
- State v. Brents Ariz. Ct. App. Div. 1 2017
- State v. Sommerfield Ariz. Ct. App. Div. 1 2017
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State v. Sommerfield
Ariz. Ct. App. Div. 1 2017
A party is entitled to a jury instruction on any theory reasonably supported by the evidence, ¶ 197 (2004), but a court does not err by refusing to give an instruction that “does not fit the facts of the particular case, or is adequately covered by the other instructions.” (“A trial court is not required to give a proposed instruction when its substance is adequately covered by other instructions.”).
- State v. Silva Ariz. Ct. App. Div. 1 2017
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State v. Silva
Ariz. Ct. App. Div. 1 2017
¶ 81 (2003) (“We 12 STATE v. SILVA Decision of the Court have encouraged trial courts to closely follow statutory language when instructing on felony murder.”), vacated on other grounds by, 541 U.S. 1039 (2004); (explaining a trial court need not provide a proximate cause instruction when the given instructions “instruct the jury on the elements of the crime, including causation,” and, in their entirely, adequately reflect the law).
- State v. Millis 391 P.3d 1225 Ariz. Ct. App. Div. 2 2017
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State v. Millis
391 P.3d 1225
Ariz. Ct. App. Div. 2 2017
-41, 544 , -51, 1054 (1997); -13
- State of Arizona v. Joel Randu Escalante-Orozco 386 P.3d 798 Ariz. 2017
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State of Arizona v. Joel Randu Escalante-Orozco
386 P.3d 798
Ariz. 2017
Unfair prejudice is an “undue tendency to suggest decision on an improper basis, such as emotion, sympathy or horror.”
- State of Arizona v. Jerry Charles Holle 379 P.3d 197 Ariz. 2016
- State of Arizona v. Jerry Charles Holle Ariz. 2016
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State of Arizona v. Jerry Charles Holle
379 P.3d 197
Ariz. 2016
-41 , -51 (1997) (the legislature decides whether “to adopt the defense of diminished capacity” and the “Court does not have the authority” to do so).
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State of Arizona v. Jerry Charles Holle
Ariz. 2016
–41, –51 (1997) (the legislature decides whether “to adopt the defense of diminished capacity” and the “Court does not have the authority” to do so).
- State v. Birchett Ariz. Ct. App. Div. 1 2016
- State v. Birchett Ariz. Ct. App. Div. 1 2016
- State v. Cardwell Ariz. Ct. App. Div. 1 2016
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State v. Cardwell
Ariz. Ct. App. Div. 1 2016
(“Unfair prejudice results if the evidence has an undue tendency to suggest decision on an improper basis, such as emotion, sympathy, or horror.” (citation omitted)).
- State v. Estes Ariz. Ct. App. Div. 1 2016
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State v. Estes
Ariz. Ct. App. Div. 1 2016
(citation omitted), unless that instruction is adequately covered by other instructions, or is misleading to the jury
- State v. Aguilar Ariz. Ct. App. Div. 1 2015
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State v. Aguilar
Ariz. Ct. App. Div. 1 2015
–46, –56 (1997) (reviewing independently whether the probative value of prior acts is substantially outweighed by the danger of unfair prejudice after the trial court failed to perform the required balancing test); ¶ 32, (stating
- State of Arizona v. Richard Portugal Ortiz 360 P.3d 125 Ariz. Ct. App. Div. 2 2015
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State of Arizona v. Richard Portugal Ortiz
360 P.3d 125
Ariz. Ct. App. Div. 2 2015
“Unfair prejudice results if the evidence has an undue tendency to suggest decision on an improper basis, such as emotion, sympathy, or horror.”
- State v. Ochoa Ariz. Ct. App. Div. 1 2015
- State v. Ochoa Ariz. Ct. App. Div. 1 2015
- State of Arizona v. Andre Michael Leteve 354 P.3d 393 Ariz. 2015
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State of Arizona v. Andre Michael Leteve
354 P.3d 393
Ariz. 2015
As a result, “Arizona does not allow evidence of a defendant’s mental disorder short of insanity either as an affirmative defense or to negate the mens rea element of a crime.”
- State v. Turner Ariz. Ct. App. Div. 1 2015
- State v. Turner Ariz. Ct. App. Div. 1 2015
- State v. Walsh Ariz. Ct. App. Div. 1 2015
- State v. Walsh Ariz. Ct. App. Div. 1 2015
- State v. Swope Ariz. Ct. App. Div. 1 2015
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State v. Swope
Ariz. Ct. App. Div. 1 2015
A trial court, however, is not required to give a requested jury instruction when “its substance is adequately covered by other instructions.”
- State v. Young Ariz. Ct. App. Div. 1 2014
- State v. Young Ariz. Ct. App. Div. 1 2014
- State v. Talibuddin Ariz. Ct. App. Div. 1 2014