Arizona Appellate Opinions

Published opinions of the Arizona Supreme Court and Court of Appeals, collated from public records. 1340 opinions matched; showing 501–550.

Filtering by: “Miranda” Full archive · 1930–present Limit to last 10 years Clear ×
Docket Court Filed Disposition Case
1 CA-CR 08-0616 Ariz. Ct. App. 2009-12-10 State v. Lucero
… incriminating statements to V. V. testified that he first advised Lucero of his Miranda 1 rights, that Lucero voluntarily waived those rights, and that V. conducted the subsequent interview by asking open ended questions with no threats or …
1 CA-CR 08-0455 Ariz. Ct. App. 2009-12-08 State v. Yegan
… ms, and two laptop computers. *215 ¶ 3 After advising Yegan of his rights under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), a detective interviewed Yegan. Still unaware that Erica was a police officer, Yegan ad …
2 CA-JV 2009-0019 - 2 CA-JV 2009-0020 (consolidated) Ariz. Ct. App. 2009-11-10 Jordan C. , Jesse C., Kailynn C., Michele C. v. Ades
… his testimony, as well as the testimony of foster care licensing agent Anabeli Miranda, clarified that these services were only provided to the Older Children. 19 with Kerry and Kimberly, in …
2 CA-JV 2009-0019, 2 CA-JV 2009-0020 Ariz. Ct. App. 2009-11-10 Jordan C. v. Arizona Department of Economic Security
… his testimony, as well as the testimony of foster care licensing agent Anabeli Miranda, clarified that these services were only provided to the Older Children. 14 . We construe § 8 — 533 (B)(8)(c) 's reference to "circumstances that cause …
2 CA-CR 2008-0369 Ariz. Ct. App. 2009-10-30 State of Arizona v. Dean William Zinsmeyer
… 3 Ridgeway advised Zinsmeyer of his rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966), and asked if he would be willing to answer questions. At first, Zinsmeyer merely replied, “Possibly.” Zinsmeyer told …
2 CA-CR 2008-0240 Ariz. Ct. App. 2009-08-07 State of Arizona v. Javier Fimbres
… court and has ‘no authority to overrule, modify, or disregard them.’” State v. Miranda, 198 Ariz. 426, ¶ 13, 10 P.3d 1213, 1216 (App. 2000), approved, 200 Ariz. 67, 22 P.3d 506 (2001), quoting State v. Thompson, 194 Ariz. 295, ¶ 20, 981 P. …
1 CA-CR 08-0250 Ariz. Ct. App. 2009-06-18 State v. Starr
… ithin 100 feet of [Logsdon],” the officer was affected. Id.; see also People v. Miranda, 17 Cal.App.4th 917 , 21 Cal.Rptr.2d 785, 792 (1993) (finding that defendant was “mistaken that there was no other traffic around” because the officer w …
1 CA-CR 07-0803 Ariz. Ct. App. 2009-06-01 State v. Allen
… Alter placing defendant into custody, Officer Paul P. advised defendant of the Miranda 1 warnings and then spoke with him about the events of the evening. Defendant admitted possessing a gun, being a prohibited possessor, and chasing the v …
2 CA-CR 2007-0340 Ariz. Ct. App. 2009-03-30 State of Arizona v. Nathan Andres Leyvas
… ell, 212 Ariz. 389, ¶¶ 27-28, 132 P.3d 833, 841 (2006) (legal question whether Miranda v. Arizona, 384 U.S. 436 (1966), applies to specific facts of case reviewed de novo); State v. Rosengren, 199 Ariz. 112, ¶ 9, 14 P.3d 303, 307 (App. 2 …
1 CA-CR 08-0049 Ariz. Ct. App. 2009-02-05 State v. ROMAR
… ent purposes, of involuntary statements and statements obtained in violation of Miranda. See State v. Gonzales, 181 Ariz. 502, 512 , 892 P.2d 838, 848 (1995); State v. Conner, 163 Ariz. 97, 102-03 , 786 P.2d 948, 953-54 (1990). 5 ¶ 9 The po …
1 CA-CR 06-0894 Ariz. Ct. App. 2009-01-20 State v. Zamora
… ourt must determine whether inadmissible statements made to the police prior to Miranda 1 warnings taint statements made after those warnings or the use of a two-stage custodial interrogation was intended to avoid the purpose of those warni …
2 CA-CR 2008-0035 Ariz. Ct. App. 2008-12-31 State of Arizona v. Steven Dwayne Szpyrka
… ch is 3.5 years. Szpyrka contends his statements were obtained in violation of Miranda v. Arizona, 384 U.S. 436 (1966), and the trial court should have suppressed them. We agree and reverse his convictions.1 ¶2 Szpyrka argue …
2 CA-CR 2007-0369 Ariz. Ct. App. 2008-12-22 State of Arizona v. Armando Galaviz Fierro
… f the truck. ¶3 After Fierro had been arrested and informed of his Miranda1 rights, he stated that he had been attempting to earn money by performing odd jobs when a man had asked 1 Miranda v. Arizona, 384 …
2 CA-CR 2008-0073 Ariz. Ct. App. 2008-12-12 State of Arizona v. Anthony Sanchez Bejarano
… a defendant’s constitutional rights generally inadmissible at trial. See e.g. Miranda v. Arizona, 384 U.S. 436, 444-45 (1966) (holding evidence obtained through interrogation inadmissible unless person in custody advised of constitutiona …
1 CA-CR 07-0568 Ariz. Ct. App. 2008-11-18 State v. Gurrola
… if harm to a child was not intended. Id. (internal citation omitted); State v. Miranda-Cabrera, 209 Ariz. 220, 225, ¶22 , 99 P.3d 35, 40 (App.2004). ¶ 9 In Williams , the Arizona Supreme Court found that a driver whose reckless driving “cr …
2 CA-CR 2008-0037 Ariz. Ct. App. 2008-11-07 State of Arizona v. Alvin Edward Williams
… firming State v. Fell, 209 Ariz. 77, 97 P.3d 902 (App. 2004); see also State v. Miranda, 198 Ariz. 426, ¶ 13, 10 P.3d 1213, 1216 (App. 2000). 4 ¶7 As the state correctly points o …
CR-08-0001-PR Ariz. 2008-07-29 State v. Cheramie
… tate v. Celaya, 135 Ariz. 248, 251, 660 P.2d 849, 852 (1983); accord State v. Miranda, 200 Ariz. 67, 68, ¶ 2, 22 P.3d 506, 507 (2001); State v. Kinkade, 147 Ariz. 250, 253, 709 P.2d 884, 887 (1985). The legislature defines …
1 CA-CR 07-0048 Ariz. Ct. App. 2008-07-17 State v. Barragan-Sierra
… lice substation, where a detention officer fluent in Spanish read Appellant his Miranda 5 rights. Appellant stated that he understood his rights, and he agreed to speak to the officer. Appellant told the detention officer that he arranged t …
2 CA-CR 2007-0202 Ariz. Ct. App. 2008-06-17 State v. Moreno-Medrano
… s statement to the police, contending he did not validly waive his rights under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). We review the court’s ruling for an abuse of discretion, considering only the evidence …
CR-05-0174-AP Ariz. 2008-06-16 State v. Boggs
… errogated Boggs for approximately three hours. Boggs waived his Miranda3 rights and agreed to answer questions. During the interview, Boggs told several versions of what happened on the day of, and the d …
CR-05-0163-AP Ariz. 2008-04-21 State v. Cruz
… his arrest and were based on possible violations of Miranda v. Arizona, 384 U.S. 436 (1966). During a pretrial hearing, defense counsel confirmed that the motion related to a post-cus …
No. 1 CA-CR 06-0649 Ariz. Ct. App. 2007-12-18 State v. Stanley
… 004, and he did so on that date at about 8:50 p.m. The officer gave Stanley the Miranda warnings at 9:25 p.m. At 9:35 p.m., the officer read Stanley the implied consent admonitions required by statute and requested a blood test. Stanley sta …
1 CA-CR 06-0748 Ariz. Ct. App. 2007-12-18 State v. Simpson
… tion, “[c]ourts may not add elements to crimes defined by statute....” State v. Miranda, 200 Ariz. 67, 69, ¶ 5 , 22 P.3d 506, 508 (2001) (disorderly con *329 duct statute does not require that one actually disturb the peace as an element of …
1 CA-MH 07-0002 Ariz. Ct. App. 2007-11-08 In Re Jesse M.
… he proceedings against him and in fact at the time of his arrest understood his Miranda rights well enough to request consultation with counsel before making any statements.” Id. In fact, the court stated that “[a]n understanding of the rig …
2 CA-CR 2006-0215 Ariz. Ct. App. 2007-11-01 State of Arizona v. James Prentiss Coghill
… anced sentence for any enumerated crime under § 13-604.01. See, e.g., State v. Miranda-Cabrera, 209 Ariz. 220, ¶¶ 13, 22-24, 99 P.3d 35, 38, 40-41 (App. 2004) (applying Williams analysis to defendant charged with second-degree murder, al …
1 CA-CR 05-1270 Ariz. Ct. App. 2007-08-21 State v. Olquin
… peaking officer. Accordingly, he had Defendant read departmental forms with the Miranda 1 warnings and the Admin Per Se/Tmplied Consent Affidavit printed in Spanish. After Defendant signed the forms, Officer Weidenbach tested Defendant’s bl …
No. 1 CA-CR 05-1091 Ariz. Ct. App. 2007-07-17 State v. Rios
… the legislature has identified in the statute defining the crime. See State v. Miranda, 200 Ariz. 67, 69, ¶ 5 , 22 P.3d 506, 508 (2001). ¶ 7 In construing a statute, “the court first considers the statute’s language because it is the best …
2 CA-CR 2005-0320 Ariz. Ct. App. 2007-06-29 State of Arizona v. Zachary Samuel Eggers
… on while they interviewed Joshua, Michele, and Zachary, none of whom was given Miranda1 warnings prior to being interviewed. Approximately thirty minutes into his interview, Zachary confessed to murdering his parents. Detectives immediat …
2 CA-CR 2006-0002 Ariz. Ct. App. 2007-04-12 State of Arizona v. Robert Joseph Wright
… 2 ¶3 Sergeant Gary Chatham gave Wright Miranda1 warnings and, after Wright waived his rights, questioned him about how he came to be in possession of the vehicle. Wright told Chatham that someone n …
No. 1 CA-JV 05-0198 Ariz. Ct. App. 2007-02-20 Marina P. v. Arizona Department of Economic Security
… d CPS offices requesting her children. Mother’s initial CPS case manager, Ralph Miranda, set up a meeting with Mother for the following day. Mother arrived at her appointment accompanied by her aunt, Rosa R. Mother informed Mr. Miranda that …
No. 1 CA-CR 05-0969 Ariz. Ct. App. 2007-02-20 State v. Levens
… earing, the State attempted to introduce evidence showing that Levens was given Miranda warnings prior to the polygraph exam. Defense counsel objected based on lack of disclosure of the evidence. In ruling on the motion to suppress, the tri …
2 CA-CR 2004-0306 Ariz. Ct. App. 2007-01-23 State of Arizona v. Anthony Shariff Gay
… t err by denying Gay’s Batson challenge. Miranda Waiver ¶30 Gay next argues the trial court erred by denying his motion to suppress statements he made to police because he did not knowingly …
2 CA-CR 2005-0181 Ariz. Ct. App. 2006-11-15 State of Arizona v. Ricky Lee Sabin
… ly wanted to “find out what [had] happened” to K. After Santoro read Sabin the Miranda1 warnings, Sabin agreed to continued questioning. Sabin initially told the police that he and K. “had a pretty good, great relationship” and that they …
1 CA-CR 05-1190, 1 CA-CR 05-1191 Ariz. Ct. App. 2006-11-06 State v. Londo
… e swallowed crack cocaine was obtained involuntarily and/or in violation of his Miranda 1 rights. We hold that Defendant’s statements were not obtained in violation of Miranda and the trial court did not err by admitting his confession. We …
CR-04-0073-AP Ariz. 2006-08-09 State v. Ellison
… d packed his belongings as if planning to leave. After being advised of his Miranda rights, Finch agreed to speak with police. In a taped interview, Finch confessed his involvement in the murders. He also identified his com …
CR-04-0074-AP Ariz. 2006-04-26 State v. Newell
… interview, the detectives advised Newell of the Miranda2 rights. Newell waived those rights and agreed to speak with the detectives. ¶14 The questioning began in a manner si …
1 CA-CV 04-0720 Ariz. Ct. App. 2006-03-30 Sobol v. Alarcon
… by Jerry T. to prepare documents in connection with his divorce from his wife, Miranda. Because he had been retained by Jerry, Sobol referred Miranda to Community Legal Services for help in responding to the divorce documents. Miranda cont …
2 CA-SA 2005-0085 Ariz. Ct. App. 2006-03-22 Callan, Miranda, Azuelo... v. Pimber
… e, by ) and through its Tucson Police ) Department; RICHARD MIRANDA and ) 2 CA-SA 2005-0085 JANE DOE MIRANDA, husband and ) DEPARTMENT B wife; DAVID AZUELO and JANE DOE …
2 CA-CR 2004-0419 Ariz. Ct. App. 2006-01-31 State v. Urquidez
… te sentence does not exceed maximum authorized by jury verdict alone); State v. Miranda-Cabrera, 209 Ariz. 220, ¶ 34 , 99 P.3d 35, 42-43 (App.2004) (same). As a result, the trial court did not violate Urquidez’s right to a jury trial when i …
2 CA-JV 2005-0021 Ariz. Ct. App. 2006-01-09 In Re Jeremiah T.
… 67, ¶ 2, 2 P.3d 657, 662 (App. 1999), disapproved on other grounds by State v. Miranda, 200 Ariz. 67, 69, 22 P.3d 506, 508 (2001).3 In applying the elements test, “we focus on the elements of each provision” without regard to the facts o …
2 CA-CR 2004-0043 Ariz. Ct. App. 2005-12-21 State of Arizona v. Andrew James Raymond Burdick
… 8, 3 P.3d 383, 385 (2000), or that the defendant intended to do so.1 State v. Miranda, 200 Ariz. 67, ¶ 5, 22 P.3d 506, 508 (2001). Second, if the defendant is charged with disorderly conduct for disturbing the peace of a neighborhood, th …
2 CA-CR 2004-0105 Ariz. Ct. App. 2005-11-30 State of Arizona v. Jay David Ramsey, Sr.
… s under Blakely.7 See Johnson, 210 Ariz. 438, ¶ 10, 111 P.3d at 1041; State v. Miranda-Cabrera, 209 Ariz. 220, ¶ 32, 99 P.3d 35, 42 (App. 2004). DISPOSITION ¶46 Ramsey’s conviction and sen …
1 CA-CR 04-0435-PR Ariz. Ct. App. 2005-09-08 State v. Ward
… ate v. Febles, 210 Ariz. 589, 592, ¶ 7 , 115 P.3d 629, 632 (App.2005); State v. Miranda-Cabrera, 209 Ariz. 220, 226, ¶ 26 , 99 P.3d 35, 41 (App. 2004); State v. Tschilar, 200 Ariz. 427, 432, ¶ 15 , 27 P.3d 331, 336 (App.2001). ¶ 11 A convic …
1 CA-CV04-0491 Ariz. Ct. App. 2005-08-30 Phelps Dodge Corp. v. Arizona Department of Water Resources
… ne to adopt the New Mexico Supreme Court's holding in State ex rel. Reynolds v. Miranda, 83 N.M. 443 , 493 P.2d 409 (1972). The court in that case relied on a common law definition of appropriation requiring intent to appropriate coupled wi …
2 CA-CR 2004-0222 Ariz. Ct. App. 2005-08-30 State of Arizona v. Juan Manuel Molina
… a’s, that were pending on direct review when Blakely was decided. See State v. Miranda- Cabrera, 209 Ariz. 220, ¶ 26, 99 P.3d 35, 41 (App. 2004); see also Griffith v. Kentucky, 479 U.S. 314, 328, 107 S. Ct. 708, 716, 93 L. Ed. 2d 649, 65 …
Nos. 1 CA-SA 05-0089, 1 CA-SA 05-0090 Ariz. Ct. App. 2005-08-04 Lana A. v. Woodburn
… rt-appointed counsel. This is tantamount to denial of the right to counsel. See Miranda v. *66 Arizona, 384 U.S. 436, 470-71 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). . We note that courts in other jurisdictions have come to similar conclusi …
CR-01-0100-AP Ariz. 2005-07-08 State v. Prasertphong
… 1378, 1383 (5th Cir. 1975) (holding that once defendant, who had invoked his Miranda rights, claimed at trial that he was cooperative with the police, “the evidence of [defendant’s] Miranda silence was 9 Of course a trial court, …
1 CA-CR 03-0827 PRPC Ariz. Ct. App. 2005-07-05 State v. Febles
… was decided, even if the defendant was sentenced before the decision. State v. Miranda-Cabrera, 209 Ariz. 220, 226, ¶ 26 , 99 P.3d 35, 41 (App.2004); State v. Tschilar, 200 Ariz. 427, 432, ¶ 15 , 27 P.3d 331, 336 (App.2001). 5 . See, e.g., …
2 CA-SA 2005-0011 Ariz. Ct. App. 2005-06-22 State v. Brown
… Boykin waiver before it may be used for sentencing purposes); see also State v. Miranda-Cabrera, 209 Ariz. 220, ¶ 29 , 99 P.3d 35, 41-42 (App.2004) (finding, without further analysis, that defendant’s admissions at trial were admissions of …
2 CA-JV 2004-0090 Ariz. Ct. App. 2005-06-17 In Re Ilono H.
… Ilono made this statement after he was advised of his rights in accordance with Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). 3 L. Ed. 2d at 911, or if the person …