| 1 CA-CR 17-0125 |
Ariz. Ct. App. |
2018-09-25 |
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State v. Martin
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… mental brief that we should reverse his convictions based on witness perjury, a Miranda violation, judicial bias and jury coercion, and an improper Anders brief. We discern no fundamental error with respect to those issues. A. N …
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| 1 CA-CR 17-0682 |
Ariz. Ct. App. |
2018-09-25 |
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State v. Mynatt
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… nse or any other form of identification, the officer arrested him, read him his Miranda1 rights, searched him, removed two wallets from his rear pants pocket, and placed him in a police vehicle. Officers then opened the wallets and, in one’ …
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| 1 CA-CR 16-0193 |
Ariz. Ct. App. |
2018-09-13 |
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State v. Figueroa
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… iple punishments for counts involving the same series of gunshots. See State v. Miranda, 198 Ariz. 426, 430, ¶ 20 (App. 2000) (multiple counts of disorderly conduct did not violate double jeopardy where the defendant fired a series of three …
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| 1 CA-CV 17-0725 |
Ariz. Ct. App. |
2018-09-11 |
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Drunasky v. Adot
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… ALJ’s determinations concerning the first three issues. He instead argues under Miranda v. Arizona, 384 U.S. 436 (1966) and related cases that, due to his partial hearing loss, he was not “adequately advised of his rights” or the consequenc …
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| 1 CA-JV 18-0141 |
Ariz. Ct. App. |
2018-09-04 |
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In Re Fernando S.
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… N RE FERNANDO S. Decision of the Court pursuant to Miranda v. Arizona, 384 U.S. 436 (1966), Fernando claimed ownership of several personal items found in the vehicle. ¶4 The juvenile court also cons …
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| 1 CA-CR 17-0171 |
Ariz. Ct. App. |
2018-08-30 |
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State v. Barnes
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… ly cannot refer to or comment on a defendant’s decision to exercise that right. Miranda v. Arizona, 384 U.S. 436, 474, 478-79 (1966). At trial, the prosecutor engaged in the following colloquy with one of the officers who que …
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| 1 CA-CR 17-0004 |
Ariz. Ct. App. |
2018-08-21 |
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State v. Starkovich
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… sweep and the subsequent search were lawfully conducted. II. Pre- and Post-Miranda Statements ¶31 Starkovich moved to suppress all statements elicited by police officers, arguing they were obtained in violation of his const …
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| 1 CA-CR 18-0034 |
Ariz. Ct. App. |
2018-08-16 |
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State v. Adair
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… on the detective entering, Adair indicated that he had previously been read his Miranda3 rights and understood them. The detective stated she was only trying to determine the truth, to which Adair confessed to initially touching Victim’s ge …
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| CR-11-0107-AP |
Ariz. |
2018-08-16 |
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State of Arizona v. Jason Eugene Bush
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… Detective Navarro testified at trial that after Bush was arrested and received Miranda warnings, he voluntarily spoke with detectives for about four hours and, though initially denying any involvement, confessed to having shot the victims. …
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| 1 CA-CR 17-0744 |
Ariz. Ct. App. |
2018-08-14 |
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State v. Wolter
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… discharged” his weapon. He was arrested and taken into custody. Wolter received Miranda3 warnings and, when questioned by a detective, Wolter admitted he fired the gun, but claimed he did so in self-defense. He claimed he “wasn’t sure what …
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| 1 CA-CR 16-0857 |
Ariz. Ct. App. |
2018-08-07 |
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State v. Burgess
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… that they were not to consider punishment in reaching their verdict); State v. Miranda, 198 Ariz. 426, 428 ¶ 9 (App. 2000) (“A lesser-included-offense instruction is proper only if (1) the lesser offense is composed of some, but not all, o …
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| 1 CA-CR 17-0736 |
Ariz. Ct. App. |
2018-08-02 |
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State v. Wade
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… ng a white crystalline substance. The officers advised Wade of his rights under Miranda v. Arizona, 384 U.S. 436, 444 (1966). Wade then admitted the bag contained methamphetamine. He initially told officers that he had intended to sell the …
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| No. 1 CA-CV 17-0353 |
Ariz. Ct. App. |
2018-07-12 |
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Ruffino v. Lokosky
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… n, not merely allege the residence is unknown to the plaintiff) (citing Lown v. Miranda , 34 Ariz. 32 , 36-37, 267 P. 418 (1928) ). ¶ 14 Ruffino had many conventional ways to contact Lokosky-it is undisputed that he knew her email address, …
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| 1 CA-CR 17-0453 |
Ariz. Ct. App. |
2018-06-28 |
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State v. Medrano
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… de and took him to Medrano. Deputy Aaron took Medrano into custody and read her Miranda warning. 2 STATE v. MEDRANO Decision of the Court He …
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| 1 CA-CR 17-0639 |
Ariz. Ct. App. |
2018-06-19 |
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State v. McCabe
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… Decision of the Court the police station, McCabe waived his Miranda rights and admitted to having a confrontation with Victim at the apartment complex. ¶4 While testifying during trial, McCabe admitted to thr …
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| 1 CA-CR 17-0181 |
Ariz. Ct. App. |
2018-06-12 |
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State v. Ziegenfuss
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… a different name and birthdate. ¶6 Ziegenfuss was arrested, read his Miranda rights and interviewed. He falsely stated that he owned a company named Built Right Construction and had been working on a trailer he just bought. ¶7 …
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| 1 CA-CR 17-0013 |
Ariz. Ct. App. |
2018-06-07 |
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State v. Miller
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… home and found Miller. Detective Rudolph placed Miller in custody, read him his Miranda1 rights, and told him that he had a few questions. Detective Rudolph asked Miller if he knew where the money came from and Miller responded, “[Y]eah. I …
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| 1 CA-CR 17-0132 |
Ariz. Ct. App. |
2018-06-05 |
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State v. Dickson
|
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… n it denied a mid-trial motion to suppress a statement made to police, based on Miranda v. Arizona, 384 U.S. 436 (1966), and when it permitted the State to present other-act evidence to the jury. For the following reasons, we affirm. …
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| 1 CA-CR 17-0151 |
Ariz. Ct. App. |
2018-05-24 |
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State v. Johnson
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… a doctor” qualifying him to receive the card. Officer Monnens read Johnson his Miranda1 rights, and charged him with possession or use of marijuana and drug paraphernalia. Officer Monnens 1 Miranda v. Arizona, 384 U.S. 436 (1966). …
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| 1 CA-CR 17-0233 |
Ariz. Ct. App. |
2018-05-17 |
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State v. Quinerly
|
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… ments in violation of his state and federal constitutional rights. Relying upon Miranda v. Arizona, 384 U.S. 436 (1966), and the fruit of the poisonous tree doctrine, Quinerly argued all statements and physical evidence must be suppressed. …
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| 1 CA-CR 17-0379 |
Ariz. Ct. App. |
2018-05-17 |
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State v. McMorris
|
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… the facts in the light most favorable to upholding the jury verdicts. State v. Miranda-Cabrera, 209 Ariz. 220, 221 ¶ 2 (App. 2004). McMorris is the father of M.M. and L.M. McMorris and the children’s mother, N.E., split from each other in …
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| 1 CA-CR 17-0495 |
Ariz. Ct. App. |
2018-05-10 |
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State v. Dennis
|
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… n custody; (2) whether the arresting officers had their guns drawn; (3) whether Miranda warnings were given; (4) whether the defendant was notified that [he] had a right not to consent; and (5) whether the defendant has been told a search w …
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| 1 CA-CR 17-0206 |
Ariz. Ct. App. |
2018-05-03 |
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State v. Maestas
|
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… picture out of a photo lineup. After police advised Maestas of his rights under Miranda v. Arizona, 384 U.S. 436, 478-79 (1966), he admitted he had sold the revolver to the pawn shop, been convicted of a felony, and had not petitioned the c …
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| 1 CA-CR 17-0405 |
Ariz. Ct. App. |
2018-05-01 |
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Calderon-Torres
|
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… in his native language, Spanish. After being advised of his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 444 (1966), Calderon-Torres admitted to all four acts. See supra ¶ 2. ¶4 At a five-day trial, the State presented …
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| 1 CA-CR 17-0637 |
Ariz. Ct. App. |
2018-04-24 |
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State v. Compton
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… ased on this information, police went to defendant’s residence and read him his Miranda rights. Police then asked defendant if he pawned the handgun, to which he replied that it was his gun, he knew he was a felon and was not supposed to ha …
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| 1 CA-CR 17-0332 |
Ariz. Ct. App. |
2018-04-24 |
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State v. Young
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… est. The officer transported Young to the Tempe City Jail where he read him his Miranda2 rights and administered two breath alcohol tests. The results of these tests were 0.222 and 0.206. A Motor Vehicle Division records check revealed that …
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| 1 CA-CR 17-0365 |
Ariz. Ct. App. |
2018-04-17 |
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State v. Goddard
|
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… ected Appellant to his patrol vehicle and advised her of her rights pursuant to Miranda.3 Appellant initially claimed she did not remember much of what occurred, but eventually admitted consuming alcohol, and the officer observed she had se …
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| 1 CA-CR 16-0731 |
Ariz. Ct. App. |
2018-04-05 |
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State v. Snee
|
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… d on that promise in making the statement.” Id. ¶12 Snee was read his Miranda rights, but argues the following exchange amounted to an impermissible promise that rendered his confession involuntary: …
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| 1 CA-CR 16-0543 |
Ariz. Ct. App. |
2018-03-27 |
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State v. Edwards
|
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… er was interviewed first. After mother was interviewed, defendant was given his Miranda rights and he agreed to speak with the officer. Defendant asserted that Tessa had been with her aunt C.A. that day and had returned home injured. He ass …
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| 1 CA-CR 16-0814 |
Ariz. Ct. App. |
2018-03-15 |
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State v. Porter
|
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… on of a “.38” and “some bullets.” After being advised of his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 444-45 (1966), Porter again admitted he was 1 “We view the facts in the light most favorable to sustaining the convict …
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| 1 CA-CV 17-0011 |
Ariz. Ct. App. |
2018-03-06 |
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Channel v. State
|
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… pport or cogent context, he asserted his July 2013 arrest had been illegal, his Miranda7 rights had been violated, two unnamed county attorneys had suborned perjury at the grand jury proceedings, police officers had committed perjury, his a …
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| 1 CA-CR 16-0865 |
Ariz. Ct. App. |
2018-03-01 |
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State v. Schaeffer
|
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… chaeffer to confess, and that he made the statements in the absence of required Miranda warnings. See Miranda v. Arizona, 384 U.S. 436 (1966). ¶12 Voluntariness of a confession and Miranda violations are two distinct inquiries: M …
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| 1 CA-CR 17-0116 |
Ariz. Ct. App. |
2018-02-27 |
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State v. Scott
|
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… OTT Decision of the Court an officer read Scott his Miranda1 rights, Scott admitted that the apartment was his residence, his name was on the lease, and he had lived there for about one year. He also admitted tha …
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| 1 CA-JV 17-0429 |
Ariz. Ct. App. |
2018-02-27 |
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In Re Kalib A.
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… .” The officers contacted Kalib’s father, detained Kalib, read him his juvenile Miranda rights, and interviewed him. With his father present, Kalib admitted his involvement in the fire, explaining he and Jackson pulled the Christmas tree in …
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| 1 CA-CR 17-0277 |
Ariz. Ct. App. |
2018-02-22 |
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State v. Sotelo-Nava
|
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… the defendant’s decision to do so. Doyle v. Ohio, 426 U.S. 610, 617–20 (1976); Miranda v. Arizona, 384 U.S. 436, 474, 478-79 (1966); State v. VanWinkle, 229 Ariz. 233, 236, ¶ 14 (2012); State v. Smith, 193 Ariz. 452, 457, ¶ 18 (1999). One …
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| 1 CA-CR 16-0906 |
Ariz. Ct. App. |
2018-02-08 |
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State v. Small
|
|
… ll indicated he wanted to cooperate. After reading Small his rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966), Small 1This court views the facts “in the light most favorable to sustaining the verdict, and resolve[s] all reasonab …
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| No. 2 CA-CR 2016-0186 |
Ariz. Ct. App. |
2017-11-28 |
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State v. Weakland
|
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… court then considered that officers had advised Pena of his rights pursuant to Miranda 5 and given him the implied consent admonition. Id. ¶ 8. After initially refusing, Pena agreed to the test. Id. ¶¶ 4, 8. The decision does not address t …
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| 1 CA-CR 16-0581-PRPC |
Ariz. Ct. App. |
2017-11-16 |
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State v. Valenzuela
|
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… ses from the court and the prosecutor, other constitutional violations (alleged Miranda violation, existence of exculpatory evidence, etc.), newly discovered mental health evidence, and miscalculation of presentence incarceration credit. Af …
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| 1 CA-CV 16-0423 |
Ariz. Ct. App. |
2017-11-16 |
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Zumar v. Caymus
|
|
… By Jason Ebe, Andrew M. Jacobs, W. Danny Green Counsel for Plaintiff/Appellee Miranda Law Firm, Gilbert By Daniel L. Miranda Counsel for Defendant/Appellant OPINION Judge Maria Elena Cruz delivered th …
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| CR-15-0268-AP |
Ariz. |
2017-11-06 |
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State of Arizona v. Jasper Phillip Rushing
|
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… ved the handcuffed Rushing from the cell. Without first advising Rushing of his Miranda rights, corrections officer Trujillo asked him “what he had used to assault [Shannon].” Rushing answered that he had used “rolled up magazines to beat [ …
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| 1 CA-CR 17-0005 |
Ariz. Ct. App. |
2017-10-26 |
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State v. Skaro
|
|
… d a surveillance monitor. The detectives then read Skaro her rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966). She confirmed the marijuana in her bedroom was hers, she had between an eighth and a quarter ounce of methamphetamine o …
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| 1 CA-CR 16-0760 |
Ariz. Ct. App. |
2017-10-17 |
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State v. Parada
|
|
… marijuana. At the police station, after being advised of her rights pursuant to Miranda,2 Appellant stated she knew the approximate weight of the marijuana and that it was illegal to possess. ¶7 At trial, after the court denied A …
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| 1 CA-CR 16-0435-PRPC |
Ariz. Ct. App. |
2017-10-05 |
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State v. Torrefranca
|
|
… mptive prison term of twenty years for sexual conduct for a minor. See State v. Miranda-Cabrera, 209 Ariz. 220, 227, ¶ 32 (App. 2004) (holding sentence did not violate the Sixth Amendment “[b]ecause the court’s consideration of the sentenci …
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| 1 CA-CR 16-0799 |
Ariz. Ct. App. |
2017-10-03 |
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State v. Eaton
|
|
… g knife in Appellant’s left boot. After being advised of his rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966), Appellant told Officer 1 We view the facts in the light most favorable to sustaining the verdict and resolve all …
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| 1 CA-CR 16-0219-PRPC |
Ariz. Ct. App. |
2017-10-03 |
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State v. Williams
|
|
… heroin and 24 grams of methamphetamine in a desk. After he was informed of his Miranda1 rights, Williams admitted during a police interview that “he was selling the heroin and methamphetamine” found in his home. ¶3 Williams subs …
|
| CR-16-0285-PR |
Ariz. |
2017-09-26 |
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John Fitzgerald v. Hon. myers/state Ex Rel Brnovich
|
|
… deal with any topic unless otherwise restrained by the Constitution”); State v. Miranda, 200 Ariz. 67, 69 ¶ 5 (2001) (“Defining crimes and fixing punishments are functions of the legislature.”). In addition, the ABA Guidelines are merely “g …
|
| 1 CA-CR 16-0405-PRPC |
Ariz. Ct. App. |
2017-09-26 |
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State v. Cruz
|
|
… 2011), which holds that a defendant may be entitled to a hearing for an alleged Miranda violation by making "allegations which, if proved, would entitle him or her to suppression." 228 Ariz. at 408, 410, ¶¶ 9, 15. ¶8 In the motio …
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| 1 CA-CR 15-0265 |
Ariz. Ct. App. |
2017-09-19 |
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State v. Bithell
|
|
… Yahrmarkt and another officer, Officer Micak, arrested Bithell and read him his Miranda1 rights. ¶4 After Bithell was arrested, Yahrmarkt asked him who owned the four tires that were still in his truck, and Bithell claimed tha …
|
| 1 CA-CR 16-0575 |
Ariz. Ct. App. |
2017-08-17 |
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State v. Spriggs
|
|
… ¶9 A prosecutor may not comment on a defendant’s post-arrest, post-Miranda silence as evidence of guilt, even for impeachment purposes. Doyle v. Ohio, 426 U.S. 610, 618-19 (1976); State v. Ramirez, 178 Ariz. 116, 125 (1994) (ci …
|
| 1 CA-CR 16-0259-PRPC |
Ariz. Ct. App. |
2017-08-15 |
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State v. Smith
|
|
… he location searched); State v. Stanly, 123 Ariz. 95, 102 (App. 1979); see also Miranda v. Arizona, 384 U.S. 436, 478 (1966) (“Volunteered statements of any kind are not barred by the Fifth Amendment . . . .”). Additionally, Arizona law spe …
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