Cited by
Opinions in Arizona that cite State v. Hughes, 969 P.2d 1184.
- State v. Lincourt Ariz. Ct. App. Div. 1 2019
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State v. Lincourt
Ariz. Ct. App. Div. 1 2019
“To prevail on a claim of prosecutorial misconduct, a defendant must demonstrate that the prosecutor’s misconduct ‘so infected the trial with unfairness as to make the resulting conviction a denial of due process.’“ ¶ 26 (1998) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)).
- State v. Meeds Ariz. Ct. App. Div. 1 2019
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State v. Meeds
Ariz. Ct. App. Div. 1 2019
Context, as well as the trial evidence, including the recording of the home invasion, show the statements were not “calculated to direct the jurors’ attention to the defendant’s exercise of his fifth amendment privilege.” ¶ 64 (1998) (citation omitted).
- State v. Rockward Ariz. Ct. App. Div. 1 2019
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State v. Rockward
Ariz. Ct. App. Div. 1 2019
“To prevail on a claim of prosecutorial misconduct, a defendant must demonstrate that the prosecutor’s misconduct so infected the trial with unfairness as to make the resulting conviction a denial of due process.” ¶ 26 (1998) (quotation omitted).
- State v. Jackson Ariz. Ct. App. Div. 1 2019
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State v. Jackson
Ariz. Ct. App. Div. 1 2019
To establish a claim of prosecutorial misconduct, a defendant must show “the prosecutor’s misconduct so infected the trial with unfairness as to make the resulting conviction a denial of due process.” ¶ 193 (2016) ( ¶ 26 (1998)).
- State v. Eshaya Ariz. Ct. App. Div. 1 2019
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State v. Eshaya
Ariz. Ct. App. Div. 1 2019
¶9 We therefore address whether the totality of the prosecutor’s actions that Eshaya identifies as misconduct “so infected the trial with unfairness as to make the resulting conviction a denial of due process,” ¶ 26 (1998) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)), bearing in mind that reversal is required “only when misconduct is ‘so pronounced and persistent that it permeated the entire atmosphere of the trial, indicating that the prosecutor intentionally engaged in imprope
- State v. Marquez Ariz. Ct. App. Div. 1 2019
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State v. Marquez
Ariz. Ct. App. Div. 1 2019
The misconduct must have “so infected the trial with unfairness as to make the resulting conviction a denial of due process.” ¶ 26 (1998) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)).
- State v. Smith Ariz. Ct. App. Div. 1 2019
- State v. Smith Ariz. Ct. App. Div. 1 2019
- State v. Gorla Ariz. Ct. App. Div. 1 2019
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State v. Gorla
Ariz. Ct. App. Div. 1 2019
¶12 Prosecutorial misconduct must be so egregious that it “infect[s] the trial with unfairness” such that the “resulting conviction is a denial of due process.” ¶ 26 (1998) (citation omitted).
- State v. Muldrow Ariz. Ct. App. Div. 1 2018
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State v. Muldrow
Ariz. Ct. App. Div. 1 2018
–79, ¶ 25 (1988) (stating the general rule of not recognizing cumulative error, with the exception of claims involving prosecutorial misconduct).
- 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
(internal quotation marks omitted) ( ¶ 26 (1998)).
- State of Arizona v. Dauntorian Lydel Sanders 425 P.3d 1056 Ariz. 2018
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State of Arizona v. Dauntorian Lydel Sanders
425 P.3d 1056
Ariz. 2018
¶92 “To prevail on a claim of prosecutorial misconduct, a defendant must demonstrate that the prosecutor’s misconduct ‘so infected the trial with unfairness as to make the resulting conviction a denial of due process.’” ¶ 26 (1998) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)).
- State v. Barnes Ariz. Ct. App. Div. 1 2018
- State v. Barnes Ariz. Ct. App. Div. 1 2018
- State v. Malone 425 P.3d 592 Ariz. Ct. App. Div. 2 2018
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State v. Malone
425 P.3d 592
Ariz. Ct. App. Div. 2 2018
State v. Burns , , ¶ 146, quoting State v. Hughes , , ¶ 26
- State v. Phillips Ariz. Ct. App. Div. 1 2018
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State v. Phillips
Ariz. Ct. App. Div. 1 2018
¶ 26 (1998) (citations omitted).
- State v. Young Ariz. Ct. App. Div. 1 2018
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State v. Young
Ariz. Ct. App. Div. 1 2018
¶ 26 (1998) (holding that reversal for prosecutorial misconduct is warranted only when the misconduct, viewed cumulatively, “so infected the trial with unfairness as to make the resulting conviction a denial of due process” and was “so pronounced and persistent that it permeate[d] the entire atmosphere of the tri
- State v. Buttita Ariz. Ct. App. Div. 1 2018
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State v. Buttita
Ariz. Ct. App. Div. 1 2018
¶18 “To prevail on a claim of prosecutorial misconduct, a defendant must demonstrate that the prosecutor’s misconduct ‘so infected the trial with unfairness as to make the resulting conviction a denial of due process.’” ¶ 26 (1998) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)).
- State v. Sotelo-Nava Ariz. Ct. App. Div. 1 2018
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State v. Sotelo-Nava
Ariz. Ct. App. Div. 1 2018
The defendant must prove “the prosecutor’s misconduct ‘so infected the trial with unfairness as to make the resulting conviction a denial of due process.’” ¶ 26 (1998) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)).
- State of Arizona v. Bryan Wayne Hulsey Ariz. 2018
- State of Arizona v. Bryan Wayne Hulsey Ariz. 2018
- State v. Quiroz Ariz. Ct. App. Div. 1 2018
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State v. Quiroz
Ariz. Ct. App. Div. 1 2018
3 In analyzing issues of prosecutor’s comments which may give rise to reversible cumulative error, we examine whether the cumulative effect of individual allegations “so infected the trial with unfairness as to make the resulting conviction a denial of due process.” ¶ 26 (1998).
- State v. Weber Ariz. Ct. App. Div. 1 2017
- State v. Weber Ariz. Ct. App. Div. 1 2017
- State v. Griego Ariz. Ct. App. Div. 1 2017
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State v. Griego
Ariz. Ct. App. Div. 1 2017
The defendant must also demonstrate “that the prosecutor’s misconduct ‘so infected the trial with unfairness as to make the resulting conviction a denial of due process.’” ¶ 26 (1998) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)).
- State v. Eaton Ariz. Ct. App. Div. 1 2017
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State v. Eaton
Ariz. Ct. App. Div. 1 2017
“[A] defendant must demonstrate that the prosecutor’s misconduct ‘so infected the trial with unfairness as to make the resulting conviction a denial of due process.’” ¶ 26 (1998) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)); (stating that, to justify reversal, the misconduct “must be ‘so pronounced and persistent that it permeates the entire atmosphere of the trial’” (citations omitted)).
- State v. Loya Ariz. Ct. App. Div. 1 2017
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State v. Loya
Ariz. Ct. App. Div. 1 2017
¶¶ 10-11, 16-19; ¶ 26 (1998) (“To prevail on a claim of prosecutorial misconduct, a defendant must demonstrate that the prosecutor’s misconduct so infected the trial with unfairness as to make the 1Absent material revisions after the relevant dates, statutes and rules cited refer to the current version unless otherwise indicated
- State v. Stoneham Ariz. Ct. App. Div. 1 2017
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State v. Stoneham
Ariz. Ct. App. Div. 1 2017
¶ 59 (1998) ("Jury argument that impugns the integrity or honesty of opposing counsel is .
- johnson/trejo/carter v. Hon. vederman/state Ariz. Ct. App. Div. 1 2017
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johnson/trejo/carter v. Hon. vederman/state
Ariz. Ct. App. Div. 1 2017
¶ 33 (1998); see also Berger v. United States, 295 U.S. 78, 88 (1935) ("[United States Attorney] is in a peculiar and very definite sense the servant of the law."); State v. Lead Indus.