Cited by
Opinions in Arizona that cite State v. Moody, 968 P.2d 578.
- State v. Luckett Ariz. Ct. App. Div. 1 2025
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State v. Luckett
Ariz. Ct. App. Div. 1 2025
¶¶ 22-23 (1998) (holding a court may not present a defendant with a choice that requires the relinquishment of a constitutional right and any “waiver” elicited from a defendant confronted with such a “constitutionally impermissible” choice is necessarily involuntary)
- In Re Term of Parental Rights as to Z.L. 536 P.3d 266 Ariz. Ct. App. Div. 1 2023
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In Re Term of Parental Rights as to Z.L.
536 P.3d 266
Ariz. Ct. App. Div. 1 2023
inal context, “[a] single allegation of lost confidence in counsel does not require the appointment of new counsel, and disagreements over defense strategies do not constitute an irreconcilable conflict.” ¶ 29 (2005); see Morris v. Slappy, 461 U.S. 1, 14 (1983) (right to counsel does not guarantee a “meaningful relationship” with counsel); ¶ 13, 509 ¶ 23 (1998) (holding that defendant was entitled to new counsel because the record was “replete with examples of a deep and irreconcilable conflict”
- Christopher B. v. Mia D. Ariz. Ct. App. Div. 1 2022
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Christopher B. v. Mia D.
Ariz. Ct. App. Div. 1 2022
“It is constitutionally impermissible to require a party entitled to counsel to choose between self-representation and representation by a lawyer with whom [they have] a completely fractured relationship, clearly an irreconcilable conflict.” Tammy M. v. Dep’t of Child Safety, ¶ 21 (App. 2017) ( ¶ 23 (1998)).
- State v. Dann Ariz. Ct. App. Div. 1 2022
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State v. Dann
Ariz. Ct. App. Div. 1 2022
¶ 13 (1998) (noting the record was “replete with examples of a deep and irreconcilable conflict” between the defendant and his appointed attorney).
- State v. Emedi 484 P.3d 657 Ariz. Ct. App. Div. 1 2021
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State v. Emedi
484 P.3d 657
Ariz. Ct. App. Div. 1 2021
Johnson v. Zerbst, 304 U.S. 458, 464-65 (1938) (counsel); (counsel); Boykin v. Alabama, 395 U.S. 238, 242–44 (1969) (decision to plead guilty); n.3 (1984) (decision to plead guilty); Jones v. Barnes, 463 U.S. 745, 751 (1983) (right to appeal).
- State v. Helman Ariz. Ct. App. Div. 1 2021
- State v. Helman Ariz. Ct. App. Div. 1 2021
- State v. Sanchez Ariz. Ct. App. Div. 1 2020
- State v. Sanchez Ariz. Ct. App. Div. 1 2020
- State v. Hudson Ariz. Ct. App. Div. 1 2020
- State v. Hudson Ariz. Ct. App. Div. 1 2020
- State v. Balli Ariz. Ct. App. Div. 1 2020
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State v. Balli
Ariz. Ct. App. Div. 1 2020
¶ 11 (1998) (citation omitted).
- State of Arizona v. Thomas Michael Riley Ariz. 2020
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State of Arizona v. Thomas Michael Riley
Ariz. 2020
An indigent defendant, however, is not “entitled to counsel of choice, or to a meaningful relationship with his or her attorney.” ¶ 6 (2004) (quoting State v. Moody (“Moody I”), ¶ 11 (1998)).
- State of Arizona v. Alan Matthew Champagne 447 P.3d 297 Ariz. 2019
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State of Arizona v. Alan Matthew Champagne
447 P.3d 297
Ariz. 2019
State v. Moody (Moody I), ¶ 23 (1998) (alteration in original) (internal quotation marks omitted).
- State v. Meiner Ariz. Ct. App. Div. 1 2019
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State v. Meiner
Ariz. Ct. App. Div. 1 2019
at 187, ¶ 31 (-87 (1987), ¶ 11 (1998)).
- State v. Berry Ariz. Ct. App. Div. 1 2019
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State v. Berry
Ariz. Ct. App. Div. 1 2019
Nor is the defendant “entitled to counsel of choice, or to a meaningful relationship with his or her attorney.” ¶ 11 (1998) ().
- State v. Medina-Martinez Ariz. Ct. App. Div. 1 2018
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State v. Medina-Martinez
Ariz. Ct. App. Div. 1 2018
conflict; the timing of the motion; inconvenience to witnesses; the time period already 4 STATE v. MEDINA-MARTINEZ Decision of the Court elapsed between the alleged offense and trial; the proclivity of the defendant to change counsel; and quality of counsel.” -87 (1987); ¶ 11 (1998).
- State v. Shockey Ariz. Ct. App. Div. 1 2017
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State v. Shockey
Ariz. Ct. App. Div. 1 2017
¶ 11 (1998).2 ¶6 "The Sixth Amendment guarantees criminal defendants the right to representation by counsel."
- Tammy M. v. Department of Child Safety 397 P.3d 1057 Ariz. Ct. App. Div. 2 2017
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Tammy M. v. Department of Child Safety
397 P.3d 1057
Ariz. Ct. App. Div. 2 2017
¶ 16 Drawing on criminal cases involving the right to counsel, , , the Daniel Y. court observed that the waiver of the right to counsel cannot be “easily presumed.” ¶¶ 15-21 , 77 P.3d at 58-60 .
- State v. Boucher Ariz. Ct. App. Div. 1 2016
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State v. Boucher
Ariz. Ct. App. Div. 1 2016
However, the defendant is not “entitled to counsel of choice, or to a meaningful relationship with his or her attorney.” ¶ 11 (1998) (citation omitted).
- State v. Portillo Ariz. Ct. App. Div. 1 2016
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State v. Portillo
Ariz. Ct. App. Div. 1 2016
See, –08, ¶¶ 13, 16 (1998) (irreconcilable conflict existed between defendant and attorney who were “almost at blows” and “antagonistic towards each other”).
- State v. Jones Ariz. Ct. App. Div. 1 2016
- State v. Jones Ariz. Ct. App. Div. 1 2016
- State of Arizona v. Demirus Ananda Koepke 377 P.3d 385 Ariz. Ct. App. Div. 2 2016
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State of Arizona v. Demirus Ananda Koepke
377 P.3d 385
Ariz. Ct. App. Div. 2 2016
lure to strictly comply with Rule 38(d) constitutes fundamental, prejudicial error, ¶¶ 19-20, -08 3 & n.2, -36 & n.2 (2009); see also United States v. Cronic, 466 U.S. 648, 658-59 (1984) (complete denial of counsel, or counsel’s utter failure to subject state’s case to meaningful adversarial testing, renders adversary process presumptively unreliable).
- State of Arizona v. Mark Goudeau 372 P.3d 945 Ariz. 2016
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State of Arizona v. Mark Goudeau
372 P.3d 945
Ariz. 2016
State v. Moody (Moody I), ¶ 23, 968 23 STATE V. GOUDEAU Opinion of the Court P.2d 578, 582 (1998).
- State v. Kegler Ariz. Ct. App. Div. 1 2016
- State v. Kegler Ariz. Ct. App. Div. 1 2016
- Summer P. v. Shirley M. Ariz. Ct. App. Div. 1 2016
- Summer P. v. Shirley M. Ariz. Ct. App. Div. 1 2016
- State v. Walker Ariz. Ct. App. Div. 1 2016
- State v. Walker Ariz. Ct. App. Div. 1 2016
- State v. Fernandez Ariz. Ct. App. Div. 1 2016
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State v. Fernandez
Ariz. Ct. App. Div. 1 2016
Though a defendant is entitled to representation by competent counsel, he is not entitled to “counsel of choice, or to a meaningful relationship with his or her attorney.” ¶ 11 (1998).