| 2 CA-CR 2004-0096 |
Ariz. Ct. App. |
2005-05-27 |
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State v. Johnson
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… s subsequently confirmed by Booker , have come to the same conclusion. State v. Miranda-Cabrera, 209 Ariz. 220, ¶ 34 , 99 P.3d 35, 42-43 (App.2004) (finding no Sixth Amendment violation when trial court weighs non-Bfatóy-compliant aggravati …
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| CR-02-0402-AP |
Ariz. |
2005-05-04 |
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State v. Anderson
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… s arrest, Anderson was interrogated three times. Each interview was preceded by Miranda warnings; each time Anderson waived his rights. 1 Although Anderson initially denied any involvement in the Golden Valley murders, by the end of the thi …
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| 2 CA-CR 2003-0075 |
Ariz. Ct. App. |
2005-04-04 |
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State of Arizona v. Jesus Antonio Aleman
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… tate v. Henderson, 209 Ariz. 300, ¶ 9, 100 P.3d 911, 914 (App. 2004); State v. Miranda-Cabrera, 209 Ariz. 220, ¶ 26, 99 P.3d 35, 41 (App. 2004). The state does not argue otherwise.6 6 Nor does the state contend Blakely do …
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| 2 CA-CR 2003-0165-PR |
Ariz. Ct. App. |
2005-04-01 |
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State v. Cleere
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… or may not require reversal based on the facts of a particular case”); State v. Mirandas-Cabrera, 209 Ariz. 220, ¶ 30 , 99 P.3d 35, 42 (App.2004) (even assuming defendant’s trial testimony did not qualify as admissions for sentencing purpos …
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| 2 CA-CR 2001-0433 |
Ariz. Ct. App. |
2005-02-28 |
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State v. Chiappetta
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… hat the judge deems relevant." ___ U.S. at ___, 125 S.Ct. at 750 . Cf. State v. Miranda-Cabrera, 209 Ariz. 220 , 99 P.3d 35 (App.2004) (once Blakely -compliant ceiling has been set, trial judge is free to engage in traditional discretionary …
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| 2 CA-CR 2003-0267 |
Ariz. Ct. App. |
2005-02-14 |
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State of Arizona v. Stanley Thomas Tyszkiewicz
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… iewicz agreed. At the conclusion of those tests, after reading Tyszkiewicz the Miranda 2 warning and asking him some further questions, Gomez placed him under arrest for DUI. ¶3 Officer Aussems arrived at the scene and admi …
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| 1 CA-CR 03-0328 |
Ariz. Ct. App. |
2005-01-20 |
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State v. Munninger
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… 6), vacated on other grounds, 157 Ariz. 551 , 760 P.2d 551 (1988). See State v. Miranda, 200 Ariz. 67 , 68 n. 1, 22 P.3d 506, 507 (2001). Until Blakely was decided, the Arizona appellate courts had declared that no error occurs in a non-cap …
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| 2 CA-CR 2002-0386 |
Ariz. Ct. App. |
2005-01-14 |
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State of Arizona v. Derek Scott Oaks
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… 0, 35 (App. 2004); State 11 v. Miranda-Cabrera, ___ Ariz. ___, ¶ 30, 99 P.3d 35, 42 (App. 2004). We are unable to conclude the error here is harmless. Oaks did not admit any of the aggravati …
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| 2 CA-CR 2003-0114-PR |
Ariz. Ct. App. |
2004-12-09 |
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State v. Resendis-Felix
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… 8 P.3d 732 , 735 n. 3 (2003) (“any Apprendi error would be harmless”); State v. Miranda-Cabrera, 209 Ariz. 220 , 99 P.3d 35 (App.2004). Error is harmless if we can say beyond a reasonable doubt that it did not affect the sentence. State v. …
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| 1 CA-CR 01-0926 |
Ariz. Ct. App. |
2004-12-02 |
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State v. Miranda-Cabrera
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… OPINION SNOW, Judge. ¶ 1 Defendant Alfredo Miranda-Cabrera appealed his convictions and sentences for one count of reckless second-degree murder, a class one felony and dangerous crime against children, and one count of endangerment, a clas …
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| 1 CA-CR 03-0920 |
Ariz. Ct. App. |
2004-11-19 |
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State v. Henderson
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… Martinez, 209 Ariz. 280, 285, ¶ 21 , 100 P.3d 30, 35, ¶ 21 (App.2004); State v. Miranda-Cabrera, 209 Ariz. 220, ¶ 30 , 99 P.3d 35, ¶ 30 (App.2004). We emphasize, as discussed above, supra ¶ 18, that we still review for fundamental error eve …
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| CR-01-0421-AP |
Ariz. |
2004-09-15 |
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State v. Murdaugh
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… then met with Murdaugh at approximately 8:55 p.m. on June 30, and read him the Miranda 2 warnings. Murdaugh agreed to answer questions and then asked whether his garage had been cleaned. When told that the garage had not been cleaned, Murd …
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| CV-03-0228-PR |
Ariz. |
2004-04-23 |
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In Re Andre M.
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… argued that his statements had been made in violation of Miranda v. Arizona, 384 U.S. 436 (1966), because 1) he had not knowingly, intelligently, and voluntarily waived his rights; 2) he had been questioned in an at …
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| CR-03-0284-PR |
Ariz. |
2004-03-26 |
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State v. Smyers
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… chment purposes, of involuntary statements and statements made in violation of Miranda. See, e.g., State v. Gonzales, 181 Ariz. 502, 512, 892 P.2d 838, 848 (1995) (“We hold that by choosing not to testify, Gonzales waived his …
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| CR-00-0508-AP |
Ariz. |
2004-02-17 |
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State v. Davolt
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… mont, California. ¶13 Davolt was first advised of his Miranda rights at -6- approximately 1:00 a.m. Monday, November 30, 1998, when he was booked into custody at t …
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| 1 CA-CV 01-0068 |
Ariz. Ct. App. |
2004-01-27 |
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Phelps Dodge Corp. v. Arizona Elec. Power Co-Op., Inc.
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… d have "no authority to overrule, modify, or disregard" that decision. State v. Miranda, 198 Ariz. 426, 429, ¶ 13 , 10 P.3d 1213, 1216 (App.2000), aff'd, 200 Ariz. 67 , 22 P.3d 506 (2001). For this reason, we decide that Article 15, Section …
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| No. CR-01-0100-AP |
Ariz. |
2003-09-02 |
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State v. Prasertphong
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… a native of Thailand and confirmed that he understood English. He was read his Miranda 2 rights, and he agreed to answer questions. ¶ 9 Prasertphong told detectives that on the evening of January 17, 1999, he and Huerstel ate at the Pizza …
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| CR-01-0103-AP |
Ariz. |
2003-09-02 |
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State v. Huerstel
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… Charlton conducted the initial interrogations. They advised Huerstel of his Miranda10 rights, and he waived them. The first interrogation lasted fifteen minutes and was tape recorded. Huerstel apparently remained handcuffed the …
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| 1 CA-CR 02-0115 |
Ariz. Ct. App. |
2003-05-29 |
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State v. Sullivan
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… Appellant was arrested and driven to the police station, where he was read his Miranda rights and agreed to speak with Officer Dwayne Susuras. Officer Susuras testified that appellant explained to him that he was visiting a friend when an …
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| CR-01-0424-PR |
Ariz. |
2003-05-19 |
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State v. Hickman
|
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… e right to counsel; erroneous use during trial of defendant’s silence following Miranda warnings; a restriction on a defendant’s right to cross-examine in violation of the Sixth Amendment’s Confrontation Clause; denial of the right to prese …
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| CR-00-0360-AP |
Ariz. |
2003-03-27 |
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State v. Blakley
|
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… d two Child Protective Services (CPS) investigators. He was read and waived his Miranda rights. Initially he stated that after Behunin left for work he washed the dishes and gave Shelby a bath. He then laid down with her on the bed. Several …
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| CR-00-0447-AP |
Ariz. |
2003-03-25 |
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State v. Hall
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… isappearance. Before commencing questioning, Detective Daily read Defendant his Miranda rights. Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). Defendant initially answered questions, but then stopped answering and …
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| 2 CA-CR 2001-0343 |
Ariz. Ct. App. |
2003-03-19 |
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State of Arizona v. Jeffrey Allen Brown
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… g the lesser-included instruction. Ariz. R. Crim. P. 23.3, 17 A.R.S.; State v. Miranda, 200 Ariz. 67, 22 P.3d 506 (2001). ¶8 The evidence here showed that Brown entered a Target store with a shopping bag, placed a videocasse …
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| CV-01-0062-PR |
Ariz. |
2002-12-16 |
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In Re Leon G.
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… s as an issue on appeal. He therefore waived review on this issue. See State v. Miranda, 200 Ariz. 67, 68, ¶ 1 , 22 P.3d 506, 507 (2001). The record in Walker's case does not include the jury instructions from his commitment proceeding. Wal …
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| 2 CA-CV 2001-0124 |
Ariz. Ct. App. |
2002-09-19 |
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Tornabene v. Bonine Ex Rel. Arizona Highway Department
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… y test, Price arrested Tornabene at 8:37 p.m., handcuffed her, and read her the Miranda 4 warnings. He then read her the following statements from an “Admin Per Se/Implied Consent Affidavit” form: Arizona law requires you to submit to and s …
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| 2 CA-CR 2000-0253 |
Ariz. Ct. App. |
2002-07-17 |
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State v. Siddle
|
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… , 160 Ariz. 235, 237 , 772 P.2d 589, 591 (App.1989) (no error when reference to Miranda warnings did not call jury’s attention to defendant’s invocation of his right to remain silent); State v. Oppenheimer, 138 Ariz. 120, 124 , 673 P.2d 318 …
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| CR-99-0536-AP |
Ariz. |
2002-07-10 |
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State v. Jones
|
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… im and ultimately decided to hold him for further questioning. He was read the Miranda warnings, and questioning continued until he requested counsel, at which point the questioning ceased. ¶4 After detectives informed Defen …
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| CR-99-0551-AP |
Ariz. |
2002-05-24 |
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State v. Finch
|
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… taped interviews with Finch after his arrest. Finch was given Miranda warnings prior to the first interview, and the following exchange ensued: Officer: Do you understand what I’ve told you? Finch: …
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| 1 CA-CR 00-0996 |
Ariz. Ct. App. |
2002-05-09 |
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State v. Schinzel
|
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… wers to police inquiries made after his arrest but prior to advising him of his Miranda rights and concerning an offense unrelated to the one underlying his arrest. We are additionally asked to determine whether the court erred by declining …
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| 1 CA-JV 01-0045 |
Ariz. Ct. App. |
2002-04-09 |
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In Re Jorge D.
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… a police officer in the school principal’s office was obtained in violation of Miranda, 1 and was also involuntary. The juvenile court denied the motion to suppress without holding a hearing. Because the record is insufficient to determine …
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| No. CR 98-0488-AP |
Ariz. |
2002-02-14 |
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State v. Cañez
|
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… entry and arrest. Accordingly, the trial court did not err in admitting it. B. Miranda Warning ¶ 58, Cañez also argues that his statement to the police should have been suppressed because it was obtained without a valid waiver of his Miran …
|
| CR 98-0488-AP |
Ariz. |
2002-02-14 |
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State v. Canez
|
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… arrest. Accordingly, the trial court did not err in admitting it. B. Miranda Warning ¶58 Cañez also argues that his statement to the police should have been suppressed because it was obtained without a valid waiver of h …
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| 2 CA-CR 00-0294 |
Ariz. Ct. App. |
2001-11-13 |
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State v. Navarro
|
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… s about the shooting and his possible involvement in it, Godoy read Navarro his Miranda 2 rights, stating, “because the cop put you in handcuffs, he put you under arrest for minor, and [sic] possession or, or whatever, I need to advise you …
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| 2 CA-CR 00-0501 |
Ariz. Ct. App. |
2001-11-01 |
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State v. Flores
|
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… cer, claiming he was improperly interrogated without having been advised of his Miranda 1 rights. Additionally, he contends that his sentence was unlawfully enhanced because the fact of his probationary status had not been determined by the …
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| CR 98-0376-AP |
Ariz. |
2001-07-17 |
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State v. Pandeli
|
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… into custody. ¶ 12 Police detectives questioned defendant after giving him the Miranda 1 warning. He initially denied involvement in the murder. When questioned about the blood on Cowan’s shoes, defendant told detectives that he walked out …
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| CR-98-0289-AP |
Ariz. |
2001-07-16 |
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State v. Harrod
|
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… , the Court held that prior inconsistent statements made without the benefit of Miranda warnings (and thus otherwise inadmissible) may be admitted to impeach the defendant. The trial court and the state analogized the waiver of the privileg …
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| CV-01-0062-PR, CV-01-0063-SA |
Ariz. |
2001-07-12 |
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In Re Leon G.
|
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… riateness on appeal. He has therefore waived review on this issue. See State v. Miranda, 346 Ariz. Adv. Rep. 26 , 27 n. 1, 22 P.3d 506 , 507 ¶ 1, n. 1 (2001). The record in Walker's case does not include the jury instructions from his commi …
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| Nos. CV-01-0062-PR, CV-01-0063-SA |
Ariz. |
2001-07-12 |
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State v. Ehrlich
|
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… riateness on appeal. He has therefore waived review on this issue. See State v. Miranda, 346 Ariz. Adv. Rep. 26 , 27 n. 1, 22 P.3d 506 , 507 ¶1, n. 1 (2001). The record in Walker’s case does not include the jury instructions from his commit …
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| CR-00-0540-PR |
Ariz. |
2001-05-04 |
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State v. Miranda
|
|
… 22 P.3d 506 (2001) 200 Ariz. 67 STATE of Arizona, Appellee, v. Alex Martinez MIRANDA, Appellant. No. CR-00-0540-PR. Supreme Court of Arizona, En Banc. May 4, 2001. Janet Napolitano, The Attorney General, by Randall M. Howe, Chief Counsel, C …
|
| 1 CA-MH 00-0004 |
Ariz. Ct. App. |
2001-03-20 |
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In Re Leon G.
|
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… at his initial screening was defective because he did not have counsel present. Miranda’s procedural safeguards, however, only apply to official conduct likely to elicit an incriminating response. See State v. Smith, 193 Ariz. 452, 457, ¶ 1 …
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| CV-00-0089-SA |
Ariz. |
2001-03-02 |
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Gusler v. Wilkinson
|
|
… n coerced or induced to agree to a verdict to which he has not fully assented.” Miranda v. United States, 255 F.2d 9, 17 (1st Cir.1958); see also State v. Webb, 186 Ariz. 560, 563 , 925 P.2d 701, 704 (App.1996); State v. Kiper, 181 Ariz. 62 …
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| CR-97-0349-AP |
Ariz. |
2000-12-29 |
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State v. Hoskins
|
|
… alert and uninjured. They then turned on a tape recorder and gave defendant the Miranda 1 warning. Defendant immediately told the detectives that he had no knowledge of a missing girl and that he had arrived earlier that day in a blue Trans …
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| 2 CA-CR 99-0470 |
Ariz. Ct. App. |
2000-11-16 |
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State v. Rosengren
|
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… stagger while walking, and a sideways body sway. An officer read Rosengren the Miranda 1 warnings, and Rosengren invoked his right to remain silent. The officer interpreted that as a refusal to perform any field sobriety tests and did not …
|
| 1 CA-CR99-0550 |
Ariz. Ct. App. |
2000-09-28 |
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State v. Miranda
|
|
… OPINION TIMMER, Judge. ¶ 1 Alex Martinez Miranda appeals his convictions and sentences on three counts of *427 disorderly conduct in violation of Arizona Revised Statutes Annotated (“A.R.S.”) section 13-2904(A)(6)(1998). For the reasons tha …
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| 2 CA-CR 99-0048 |
Ariz. Ct. App. |
2000-09-05 |
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State v. Morales
|
|
… . Q. So when Officer Padilla asked you where are you now, after reading you the Miranda Rights, he was wrong or he's lying? A. Either misunderstood me. Q. During the walk and turn test, you agree you only took six steps? A. I have agreed to …
|
| CR-98-0294-AP |
Ariz. |
2000-06-15 |
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State v. Anderson
|
|
… 1987). ¶ 33 Upon arrest in Illinois on August 18, 1996, Defendant was given his Miranda rights, taken to the local police station, and processed. This included a four and one-half hour interview with Investigator Steven Shields. The intervi …
|
| 1 CA-SA 00-0039 |
Ariz. Ct. App. |
2000-06-13 |
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State v. JONES EX REL. COUNTY OF MARICORA
|
|
… on a table. After unloading the gun for his safety, he advised Roche of Roche’s Miranda rights. 1 Officer Szenyes then explained that he had heard an explosion in the alley earlier in the evening, whereupon Roche confessed to discharging a …
|
| 1 CA-IC 98-0170, 1 CA-IC 99-0011 |
Ariz. Ct. App. |
2000-02-08 |
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Jardanowski v. INDUS. COM'N OF ARIZONA
|
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… s us in analyzing A.R.S. § 23-1028 and petitioners’ double jeopardy claims. See Miranda v. Beaman, 95 Ariz. 388 , 391 P.2d 555 (1964). In Miranda , an applicant for unemployment benefits knowingly submitted false statements of weekly earnin …
|
| 1 CA-JV 99-0097 |
Ariz. Ct. App. |
2000-02-03 |
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In Re Roy L.
|
|
… car, and drove him to his office at the school, where he read him the juvenile Miranda rights, which the juvenile indicated he understood. He declined to have his parents present during questioning. ¶ 6 The juvenile told the officer that h …
|
| No. 1 CA-SA 98-0328 |
Ariz. Ct. App. |
1999-09-30 |
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Katherine S. v. Foreman
|
|
… thout ever being advised that she had the right to remain silent. This violated Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d *379 694 (1966), and Rules 6 and 7 of the Arizona Rules of Procedure for the Juvenile Court. ¶ 21 …
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