Cited by
Opinions in Arizona that cite State v. Hughes, 969 P.2d 1184.
- State of Arizona v. Darrel Peter Pandeli 394 P.3d 2 Ariz. 2017
- State of Arizona v. Darrel Peter Pandeli 394 P.3d 2 Ariz. 2017
- State of Arizona v. Abel Daniel Hidalgo 390 P.3d 783 Ariz. 2017
- State of Arizona v. Abel Daniel Hidalgo 390 P.3d 783 Ariz. 2017
- State v. Russell Ariz. Ct. App. Div. 1 2017
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State v. Russell
Ariz. Ct. App. Div. 1 2017
“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.’” ¶ 46, ( ¶ 26, ).
- State v. Juarez Ariz. Ct. App. Div. 1 2016
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State v. Juarez
Ariz. Ct. App. Div. 1 2016
“State submits the defendant was at Buffalo Wild Wings watching the game.” But even assuming this argument was neither a reasonable inference from the evidence nor within jurors’ common knowledge, Juarez has not established that the remarks “so infected the trial with unfairness as to make the resulting conviction a denial of due process.” Morris, 215 Ariz. at 335, ¶ 46; ¶ 26 (1998) (to require reversal, prosecutorial misconduct must be so pronounced and persistent that it permeated the entire t
- State v. Gurrieri Ariz. Ct. App. Div. 1 2016
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State v. Gurrieri
Ariz. Ct. App. Div. 1 2016
¶25 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.” ¶ 152 (2006) ( ¶ 26 (1998)).
- State v. Devorce Ariz. Ct. App. Div. 1 2016
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State v. Devorce
Ariz. Ct. App. Div. 1 2016
We reject Devorce’s apparent argument about prosecutorial misconduct because to the extent the comments were inappropriate, they did not “permeate[] the entire atmosphere of the trial.” ¶ 26 (1998) (citations and quotations omitted).
- State v. McDowell Ariz. Ct. App. Div. 1 2016
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State v. McDowell
Ariz. Ct. App. Div. 1 2016
¶35 Although prosecutors have wide latitude in closing argument, “[j]ury argument that impugns the integrity or honesty of opposing counsel is [] improper.” ¶ 59 (1998)
- State v. Boudreau Ariz. Ct. App. Div. 1 2016
- State of Arizona v. Joseph Javier Romero 381 P.3d 297 Ariz. Ct. App. Div. 2 2016
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State v. Boudreau
Ariz. Ct. App. Div. 1 2016
¶ 46 (2007) ( ¶ 26 (1998)).
- State of Arizona v. Joseph Javier Romero 381 P.3d 297 Ariz. Ct. App. Div. 2 2016
- State v. Myers Ariz. Ct. App. Div. 1 2016
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State v. Myers
Ariz. Ct. App. Div. 1 2016
3 STATE v. MYERS Decision of the Court that it permeates the entire atmosphere of the trial.’” ¶ 46, ( ¶ 26, ).
- State v. Wilson Ariz. Ct. App. Div. 1 2016
- Criticized State v. Wilson Ariz. Ct. App. Div. 1 2016
- State v. Brown Ariz. Ct. App. Div. 1 2016
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State v. Brown
Ariz. Ct. App. Div. 1 2016
prevail on his claim, a defendant 8 STATE v. BROWN Decision of the Court must demonstrate that “the prosecutor’s misconduct so infected the trial with unfairness as to make the resulting conviction a denial of due process.” ¶ 46 (2007) ( ¶ 26 (1998)) (internal quotations omitted).
- 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
¶193 “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.” State v. (Alex V.) Hughes, ¶ 26, (internal quotation marks and citation omitted).
- State v. Cross Ariz. Ct. App. Div. 1 2016
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State v. Cross
Ariz. Ct. App. Div. 1 2016
Even assuming the nature of the violation is fundamental, ¶ 63 (1998) (noting an improper comment regarding the invocation of the privilege against self- incrimination, whether direct or indirect, violates state and federal constitutional law) (); Corrales, 138 Ariz. at 591, “[p]rosecutorial misconduct is harmless error if
- State v. Durazo Ariz. Ct. App. Div. 1 2016
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State v. Durazo
Ariz. Ct. App. Div. 1 2016
¶ 32 (1998) (“Prosecutorial misconduct is harmless error if we can find beyond a reasonable doubt that it did not contribute to or affect the verdict.”).
- State v. Hollingsworth Ariz. Ct. App. Div. 1 2016
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State v. Hollingsworth
Ariz. Ct. App. Div. 1 2016
¶40 “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, (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)).
- State v. Carrillo Ariz. Ct. App. Div. 1 2016
- State v. Bibbins Ariz. Ct. App. Div. 1 2016
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State v. Bibbins
Ariz. Ct. App. Div. 1 2016
“Failure to object waives an issue on appeal absent fundamental error.” ¶ 58 (1998).
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State v. Carrillo
Ariz. Ct. App. Div. 1 2016
“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, (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)).
- State v. Hoffman Ariz. Ct. App. Div. 1 2016
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State v. Hoffman
Ariz. Ct. App. Div. 1 2016
(“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.’”) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)).
- State v. Petersen Ariz. Ct. App. Div. 1 2016
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State v. Petersen
Ariz. Ct. App. Div. 1 2016
¶28 Second, the late disclosure cannot be said to rise to the level of prosecutorial misconduct because it did not “so infect[] 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)); ¶ 40 (2013) (“We will reverse a conviction for prosecutorial misconduct only if (1) the prosecutor committed misconduct and (2) a reasonable likelihood exists that the prosecutor's misconduct c
- State v. McKeever Ariz. Ct. App. Div. 1 2015
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State v. McKeever
Ariz. Ct. App. Div. 1 2015
To establish the second prong, 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. Esposito Ariz. Ct. App. Div. 1 2015
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State v. Esposito
Ariz. Ct. App. Div. 1 2015
¶15 “The prosecutor who comments on defendant’s failure to testify violates both constitutional and statutory law.” ¶ 63 (1998).
- State of Arizona v. Penny Ann West 362 P.3d 1049 Ariz. Ct. App. Div. 2 2015
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State of Arizona v. Penny Ann West
362 P.3d 1049
Ariz. Ct. App. Div. 2 2015
¶51 “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.’” quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974).
- State v. Bravo Ariz. Ct. App. Div. 1 2015
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State v. Bravo
Ariz. Ct. App. Div. 1 2015
-09, -72 (1984) (double jeopardy bars retrial if mistrial was caused by the prosecutor’s intentional misconduct); ¶ 26, (cumulative error doctrine is recognized in context of prosecutorial misconduct because “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.”).4 And although the judge twic
- State v. Ochoa Ariz. Ct. App. Div. 1 2015
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State v. Ochoa
Ariz. Ct. App. Div. 1 2015
–79, ¶¶ 25-26, –91 (1998).