Arizona Appellate Opinions

Published opinions of the Arizona Supreme Court and Court of Appeals, collated from public records. 1340 opinions matched; showing 1201–1250.

Filtering by: “Miranda” Full archive · 1930–present Limit to last 10 years Clear ×
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1835 Ariz. 1971-02-19 State v. Tillery
… A few minutes after placing them under arrest, but prior to giving the standard Miranda warnings, See Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), two Arizona highway patrolmen drove up. As they were getting out …
1979 Ariz. 1971-02-17 State v. Bennin
… killing of each human being should be treated as a separate offense.” State v. Miranda, 3 Ariz.App. 550, 558 , 416 P.2d 444, 452 (1966). We agree that our law does not require us to ignore the number of victims of defendant’s actions in de …
10110 Ariz. 1971-01-15 Campbell v. Superior Court
… ’s license under the Implied Consent Law satisfy procedural due process; (6) is Miranda applicable where a person is arrested for driving while intoxicated; (7) does A.R.S. § 28-691, subsec. B require that a person be informed within the fi …
2062 Ariz. 1971-01-14 State v. Johnson
… pecific acts of misconduct not amounting to a conviction for a felony. State v. Miranda, 104 Ariz. 174 at 186 , 450 P.2d 364 at 376 . (“Under our law, it is not proper to thus impeach by previous instances of misconduct.”); State v. Enrique …
2133 Ariz. 1970-12-30 State v. Mitchell
… efendant if he had been advised of his rights and he indicated he had. However, Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , is not involved in the instant case for the reason that in Miranda the Court was talking abo …
1 CA-CIV 1450 Ariz. Ct. App. 1970-12-28 State Ex Rel. Berger v. Cantor
… nder arrest for possession of marijuana. After advising the defendants of their Miranda rights in Spanish as well as English, the officer advised the driver that he had probable cause to believe the object in the glove compartment was marij …
1 CA-CIV 1163 Ariz. Ct. App. 1970-12-23 Employment Security Commission v. Doughty
… statute does not contemplate a de novo hearing on review in the Superior Court. Miranda v. Beaman, 95 Ariz. 388 , 391 P.2d 555 (1964). The review of the Superior Court, with the exception of the question of alleged irregularities in procedu …
No. 1577 Ariz. 1970-12-02 State v. Mileham
… ue influence on the part of the officers. “The court is of the opinion that the Miranda decision warnings ( 384 U.S. 436 ; 86 S.Ct. 1602 [ 16 L.Ed.2d 694 ]) were not required to be given to this defendant at the time, inasmuch as that decis …
2040 Ariz. 1970-11-25 State v. Mohr
… al court will not be disturbed on appeal unless it has been clearly abused. See Miranda v. State, 42 Ariz. 358 , 26 P.2d 241 (1933). One of the issues before the jury was whether appellant killed in self defense. In resisting an assault the …
10169 Ariz. 1970-11-10 State Ex Rel. Berger v. SUPERIOR COURT, IN AND FOR COUNTY OF MARICOPA
… rther away from retro-activity when it ruled that the decisions of Escobedo and Miranda “should apply only to trials begun after the decisions were announced.” The court said: “At the same time, we do not find any persuasive reason to exten …
2086 Ariz. 1970-10-28 State v. Riley
… , 16 L.Ed. 2d 882 , in passing upon the question as to whether the decision in Miranda was retroactive said: “At the same time, retroactive application of Escobedo and Miranda would seriously disrupt the administration of our criminal laws …
2 CA-CIV 888 Ariz. Ct. App. 1970-09-25 Llamas v. SUPERIOR COURT IN AND FOR COUNTY OF PIMA
… ence is unknown without setting forth the efforts made to locate party. Lown v. Miranda, 34 Ariz. 32 , 267 P. 418 (1928). Proof of due diligence must consist of probative facts stated in the affidavit based upon affiant’s knowledge and not …
2 CA-CIV 885 Ariz. Ct. App. 1970-07-29 State Ex Rel. Murphy v. City Court of City of Tucson
… e of the erratic manner of his driving on a public street. He was not given any Miranda warnings and was required to perform certain physical tests, such as the “walking-the-line” and “finger-to-nose” tests. Upon being taken to the police s …
1610-2 Ariz. 1970-07-06 State v. Bray
… lled her. MR. BRENNEN: No further questions, Your Honor.” 2 . The principles of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966) are not applicable to the ease at bar since' those principles have been applied only to …
2081 Ariz. 1970-07-02 State v. Murray
… dvised of his constitutional rights and that the usual procedure of reading the Miranda warnings from a card prepared for that purpose was followed by the officer before talking to the defendant about the case. As a defense to the state’s c …
1 CA-CR 250 Ariz. Ct. App. 1970-06-24 State v. Vaughn
… two marijuana cigarettes. Upon finding the cigarettes the defendant was given a Miranda warning. The motion to suppress was denied by the trial judge on the grounds that the search was incident to a lawful arrest and also on the grounds tha …
1365-2 Ariz. 1970-06-19 State v. Suarez
… in admitting certain inculpatory statements appellant made to police without a Miranda warning having been given. He further contends that the failure of the trial judge to conduct a preliminary inquiry into the voluntariness of these incu …
1 CA-CR 193 Ariz. Ct. App. 1970-05-27 State v. Smith
… olice station he was shown the warrant for his arrest and he was advised of his Miranda rights. About an hour later, he was taken from his cell as part of a shakedown. Officer Jones then asked him what he had done with the pistol. Objection …
2 CA-CR 200 Ariz. Ct. App. 1970-05-25 State v. Gumins
… ative of the Fourth Amendment. (2) The defendant’s statements made prior to the Miranda warnings given were unconstitutionally admitted into evidence. Concerning the illegality of the search in question, both defendant and the State agree i …
1971 Ariz. 1970-05-14 State v. Brady
… t this time the defendant and Smith were formally arrested and advised of their Miranda rights. The defendant indicated that he did not wish to make any statement. The agents continued their search. Just prior to his search of a living room …
1 CA-CR 188 Ariz. Ct. App. 1970-05-05 State v. Hall
… s. While he was there investigating the theft of the hubcaps, and, without any “Miranda” warning, he said to the defendant, “Mr. Hall isn’t it quite obvious to you that when these boys keep coming in here day after day with large amounts of …
9891 Ariz. 1970-04-29 State Ex Rel. Berger v. Superior Court
… h of these conversations, the sheriff’s deputies read to defendant the standard Miranda warnings. These warnings were contained on a printed card, which read as follows : “You have the right to remain silent. Anything you say can be used ag …
9962 Ariz. 1970-04-01 State Ex Rel. Berger v. Superior Court
… ve writ is made peremptory. In criminal cause No. 41947, State v. Ernest Arthur Miranda, in the Superior Court of Maricopa County, State of Arizona, the defendant moved for and the Superior Court judge, the Honorable William H. Gooding, gra …
No. 2000 Ariz. 1970-03-25 State v. Garcia
… ok the defendant to the Parker jail, where an officer read to the defendant the Miranda Warnings. The defendant stated that he understood his rights, and replied “I hope the son-of-a-bitch dies. I meant to kill him.” The victim was taken to …
2 CA-CR 194 Ariz. Ct. App. 1970-03-23 State v. Paruszewski
… lace and the defendant was officially placed under arrest. He was then read his Miranda rights for the first time. Prior to trial, defendant moved to suppress the evidence because the search and seizure was illegal and because the Miranda r …
2 CA-CIV 747 Ariz. Ct. App. 1970-03-05 Downey v. Lackey
… ere is a likelihood of the conclusions of reasonable men differing. Stearman v. Miranda, 97 Ariz. 55 , 396 P.2d 622 (1964). We believe that reasonable men could infer from the testimony of the appellant and the bookkeeper that appellant fel …
1916 Ariz. 1970-02-20 State v. Madden
… and then Keller approached the occupants of the car and read them the standard Miranda warnings. The defendants and Barron were taken into custody a short while later, after which the car was moved off the highway and over to a garage. App …
2033 Ariz. 1970-02-19 State v. Quinones
… tement of his address violated his constitutional rights under the rationale of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). *381 Secondly, defendant argues that the state failed to offer sufficient evidence as …
No. 2 CA-CR 199 Ariz. Ct. App. 1970-01-21 State v. Forteson
… he appellant’s motion to suppress the pistol admitted into evidence, relying on Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 ,. 6 L.Ed.2d 1081 (1961). Brie …
2005 Ariz. 1970-01-09 State v. Sherron
… into custody and had not been advised of his constitutional rights pursuant to Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , 10 A.L.R.3d 974 (1966). It is true that the Miranda warnings are required not only before th …
2 CA-CR 144 Ariz. Ct. App. 1969-12-23 State v. Ramos
… rizona. Before being questioned about possession of narcotics, he was given the Miranda warnings. Defendant denied possession of any narcotics and was taken to Pima County Hospital where he refused to submit to an examination by a physician …
1974 Ariz. 1969-11-13 State v. Brady
… art of the defendant made prior to being “advised of her rights pursuant to the Miranda warning.” Second, the court erred in allowing the State to introduce color slides — that such pictures emphasized the blood to excite the passion and pr …
1 CA-CIV 882 Ariz. Ct. App. 1969-09-15 Hersey v. Salt River Valley Water Users' Ass'n
… hance or likelihood of the conclusions of reasonable men differing. Stearman v. Miranda, 97 Ariz. 55 , 396 P.2d 622 (1964); Vigil v. Herman, 102 Ariz. 31 , 424 P.2d 159 (1967). In reviewing the granting of a motion for summary judgment, the …
2 CA-CR 172 Ariz. Ct. App. 1969-09-08 State v. Olivas
… ncapable of making and did not make an intelligent waiver of his constitutional Miranda rights and that any incriminating statements made by him to the interrogating officer must be considered involuntary. The contention is based largely up …
2 CA-CR 146 Ariz. Ct. App. 1969-07-18 State v. Christopher
… d, July 7, 1969), nor do they have the same inherent dangers elaborated upon in Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). The three cases cited in Hess stand for the rule that pressures acting upon a …
2 CA-CR 148 Ariz. Ct. App. 1969-07-17 State v. Navallez
… als, challenging the trial court’s determination that he had been given correct Miranda warnings, the denial of the motion to. suppress, and the denial of the directed verdict. Taking the facts in a light to sustain the verdict, on July 10, …
1819 Ariz. 1969-07-07 State v. Lombardo
… sequent to his arrest because he had not been advised of his rights pursuant to Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , 10 A.L.R.3d 974 (1966). The state argues that Miranda is not applicable because Lip …
2 CA-CR 142 Ariz. Ct. App. 1969-06-23 State v. Curtis
… ary 7th, 8th, and 20th. Each time, the officer testified, he gave defendant his Miranda warnings. The defendant was 19 years old. His parents did not participate in any of the meetings. At the first meeting, defendant denied all knowledge o …
1874 Ariz. 1969-06-11 State v. Reams
… on that his written statement should have been suppressed upon the authority of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , 10 A.L.R.3d 974 . However, upon review of the evidence we find that there was evidence from …
1891 Ariz. 1969-06-05 State v. Propp
… the defendant was not first advised of his constitutional rights as required in Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and therefore any statements constituting an admission were inadmissible. The …
2 CA-CR 149 Ariz. Ct. App. 1969-05-15 State v. Flores
… no withdrawal symptoms. Defendant admitted eating lunch. There was evidence the Miranda warnings had been given three times, and a rundown of the wording of the confession as well as the rights cards indicated defendant had an inarticulate …
1935 Ariz. 1969-05-15 State v. Kelley
… ination that there is probable cause to hold the defendant to answer.” State v. Miranda, 104 Ariz. 174 , 450 P.2d 364 (Feb. 1969). The trial court properly denied defendant’s motion for a new preliminary hearing. Defendant maintains the mar …
1867 Ariz. 1969-05-14 State v. Thomas
… on to be thrown out because his companion participated also. The spectre of the Miranda warning has been raised here with regard to the foregoing questioning. Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602, 16 . L.Ed.2d 694 (1966 …
1780 Ariz. 1969-04-24 State v. Boag
… urbed upon appeal without a conclusive showing of abuse of discretion. State v. Miranda, 98 Ariz. 11 , 401 P.2d 716 ; State v. Morris, 97 Ariz. 417 , 401 P.2d 147 ; State v. Buckmaster, 94 Ariz. 314 , 383 P.2d 869 ; State v. Quintana, 92 Ar …
1 CA-CR 189 Ariz. Ct. App. 1969-04-08 State v. Robinson
… card” which correctly apprised the defendant of his constitutional rights under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). He testified that the defendant acknowledged that he comprehended this warning. Over o …
1691 Ariz. 1969-04-03 State v. Franklin
… The obvious outburst of the defendant does not fall within the prohibitions of Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). The testimony shows that no questions were asked by the officer at the time o …
1830 Ariz. 1969-04-02 State v. Bible
… t forth does not comply with the decision of the United States Supreme Court in Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , for the reason that it did not make clear to defendant that he had the right to cease speaki …
1785 Ariz. 1969-03-28 State v. Prewitt
… nce shows he could not be guilty. Antone v. State, 49 Ariz. 168 , 65 P.2d 646 ; Miranda v. State, 42 Ariz. 358 , 26 P.2d 241 . Involuntary manslaughter as distinguished from voluntary manslaughter contemplates an act committed unintentional …
1512 Ariz. 1969-03-14 State v. Stevenson
… Escobedo v. Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 (1964), and Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , 10 A.L.R.3d 974 (1966). The principles enunciated in these cases have been denied r …
1801 Ariz. 1969-03-12 State v. Sheffield
… earing is not error unless defendant’s position is prejudiced thereby. State v. Miranda, 104 Ariz. 174 , 450 P.2d 364 (Feb. 6, 1969) ; State v. Moses, 101 Ariz. 426 , 420 P.2d 560 ; State v. Smith, 99 Ariz. 106 , 407 P.2d 74 ; State v. Gher …