Arizona Appellate Opinions

Published opinions of the Arizona Supreme Court and Court of Appeals, collated from public records. 330 opinions matched; showing 301–330.

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No. 1 CA-CR 15-0202 Ariz. Ct. App. 2016-10-04 State v. Gulley
… “does not require that one actually disturb the peace of another,..." State v. Miranda, 200 Ariz. 67 , 69, ¶ 5, 22 P.3d 506 , 508 (2001); see State v. Cutright, 196 Ariz. 567, 572, ¶ 25 , 2 P.3d 657, 663 (App. 1999). . Notably, as opposed …
1 CA-CR 14-0665-PRPC Ariz. Ct. App. 2016-09-27 State v. Jackson
… on- relief proceeding was ineffective because he failed to raise an issue under Miranda v. Arizona, 384 U.S. 436 (1966). ¶2 We grant review, but we deny relief. Jackson could have raised his claim in a timely second post-convic …
1 CA-CR 16-0140 Ariz. Ct. App. 2016-09-22 State v. Badertscher
… tatements of drug use, the court found the statements violated his rights under Miranda v. Arizona, 384 U.S. 486 (1964), but were made voluntarily and could be used for 1Absent material revisions after the relevant dates, statutes and rul …
1 CA-CR 16-0022 Ariz. Ct. App. 2016-09-20 State v. Whitlock
… car, Officer Nollette approached the driver — Whitlock — and advised her of her Miranda rights. ¶3 After being placed in the patrol car, Whitlock agreed to answer questions and stated that the Infiniti belonged to a man named “ …
1 CA-CR 15-0679 Ariz. Ct. App. 2016-09-15 State v. Lynam
… e warrant, Lynam agreed to speak with Detective Edgerton after she administered Miranda3 warnings before conducting an audiotaped interview. In the interview Lynam admitted: (1) he was the sole user of his computer, (2) the emails containin …
1 CA-CR 15-0580 Ariz. Ct. App. 2016-09-15 State v. Orner
… ore starting the third interview, Officer JW informed Orner of his rights under Miranda v. Arizona, 384 U.S. 436 (1966). During the interviews, Orner made conflicting statements about the positions of the victims relative to his position du …
1 CA-CR 15-0614 Ariz. Ct. App. 2016-09-13 State v. Linares
… ment, the investigator turned the recording device back on and read Linares his Miranda1 rights, after which Linares agreed to answer questions. One officer then repeated what Linares had told them and Linares responded by apologizing for h …
CR-15-0348-PR Ariz. 2016-09-13 State of Arizona v. Jerry Charles Holle
… rime was unambiguous and did not include that as an element); see also State v. Miranda, 200 Ariz. 67, 69 ¶ 5, 22 P.3d 506, 508 (2001) (“Courts may not add elements to crimes defined by statute.”). ¶37 Holle does not cite, nor ha …
CR-16-0348-PR Ariz. 2016-09-13 State of Arizona v. Jerry Charles Holle
… rime was unambiguous and did not include that as an element); see also State v. Miranda, 200 Ariz. 67 , 69 ¶ 5, 22 P.3d 506, 508 (2001) (“Courts may not add elements to crimes defined by statute.”). *308 ¶ 37 Hollé does not cite, nor have w …
CR-15-0301-PR Ariz. 2016-09-12 State of Arizona v. Robin Peoples
… tt, after viewing the video, he detained Peoples in his apartment, read him his Miranda rights, and questioned him about the video. Peoples confirmed that he had sex with D.C. during the early morning hours and filmed it with his phone. Peo …
1 CA-CR 15-0106 Ariz. Ct. App. 2016-09-08 State v. Peterson
… ve Leske interviewed Peterson at the police station. After being advised of his Miranda1 rights, Peterson told the detective that he was “going to take the blame for [Mother].” Detective Leske instructed Peterson to simply tell the truth, a …
1 CA-CR 15-0626 Ariz. Ct. App. 2016-08-30 State v. Wilson
… ood that he was able to draw in a blood kit box. Trooper L then read Wilson his Miranda1 rights. The blood testing showed that Wilson had a BAC of 0.150.2 Using retrograde analysis, the evidence showed that within two hours of driving, Wils …
1 CA-CR 15-0549 Ariz. Ct. App. 2016-08-30 State v. Totress
… ine, and about $500. ¶4 After the detective advised Totress of his Miranda rights, Totress told the detective he had “crack, cocaine and weed in [his] pocket.” The detective searched the car and found cooking pots, a ladle, a b …
1 CA-CR 13-0694 Ariz. Ct. App. 2016-08-30 State v. Clary
… ¶4 At the substation, after being advised of his rights pursuant to Miranda,2 Clary invoked his right to counsel and telephoned his father (“Clary Sr.”), who is a lawyer. Clary Sr. used a second phone to call a criminal defense …
1 CA-CR 15-0216 Ariz. Ct. App. 2016-08-23 State v. Chandler
… lade likely contained female DNA. ¶9 After his arrest and subsequent Miranda warnings, Chandler agreed to be interviewed by Phoenix Police Officer Porter. In that interview, Chandler admitted he walked from the east side of the g …
1 CA-CR 15-0565 Ariz. Ct. App. 2016-08-18 State v. Dodd
… sser included offense of aggravated assault as charged in count 1. See State v. Miranda, 200 Ariz. 67, 68, ¶ 3 (2001); State v. Angle, 149 Ariz. 478, 479 (1986). ¶10 A trial court is required to instruct only on “necessarily inc …
2 CA-CR 2015-0056 Ariz. Ct. App. 2016-08-16 State of Arizona v. Jamonte Lawrence Olague
… After Olague’s arrest, a detective provided him the advisory required by Miranda v. Arizona, 384 U.S. 436 (1966), and conducted an interview. Before trial, Olague filed a motion to suppress the statements from the interview, which th …
1 CA-CR 15-0230 Ariz. Ct. App. 2016-08-04 State v. Hearn
… the Court ¶9 Following his arrest and waiver of rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966), Hearn admitted he participated in the events described, but claimed he did so “under duress.” Hearn claimed he and his …
1 CA-CR 15-0507 Ariz. Ct. App. 2016-08-04 State v. Strait
… t to the police station, Officer Ennis advised Strait of his rights pursuant to Miranda,2 and Strait agreed to cooperate. When asked how he acquired the methamphetamine, Strait answered that he received it in exchange for a favor. He also d …
CR-15-0346-PR Ariz. 2016-07-29 State of Arizona v. Carlos Andres MacIel
… tablish the person’s guilt if they are not preceded by the warnings required by Miranda v. Arizona, 384 U.S. 436 STATE V. MACIEL Opinion of the Court (1966). We here hold that Carlos …
No. CR-15-0346-PR Ariz. 2016-07-29 State v. Maciel
… tablish the person’s guilt if they are not preceded by the warnings required by Miranda v. Arizona, 384 U.S, 436, 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). We here hold that Carlos Andres Maeiel’s statements are admissible because he was not i …
1 CA-CR 15-0263 Ariz. Ct. App. 2016-07-19 State v. Walker
… oted, the instructions were in accordance with then- existing law. See State v. Miranda, 200 Ariz. 67, 68 n.1, ¶ 1, 22 P.3d 506, 507 n.1 (2001) (invited error doctrine does not bar defendant from appealing jury instruction given by superior …
1 CA-SA 16-0132 Ariz. Ct. App. 2016-07-14 Reyes v. Hon mcclennen/state
… Reyes for driving under the influence. ¶4 The officer read Reyes his Miranda rights and the Arizona Implied Consent Law. Reyes stated that he understood both and would voluntarily answer the officer’s questions and give a blood s …
1 CA-CR 15-0453 Ariz. Ct. App. 2016-07-12 State v. Shine
… ought him in for questioning. At the outset, the detective advised Shine of his Miranda rights and Shine confirmed he understood them. See Miranda v. Arizona, 384 U.S. 436 (1966). Shine then told the detective that he had been visiting his …
1 CA-CR 15-0699 Ariz. Ct. App. 2016-07-12 State v. Crawford
… lice station for an interview that same day. After Crawford was reminded of his Miranda1 1 Miranda v. Arizona, 384 U.S. 436 (1966). 2 STATE v. CRAWFORD …
1 CA-CR 15-0439 Ariz. Ct. App. 2016-07-05 State v. Moreno
… to Officer D.G. at the station, which, he argued, were obtained in violation of Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). The superior court denied Moreno’s motion before the start of trial. …
1 CA-CR 15-0291 Ariz. Ct. App. 2016-06-30 State v. Hernandez
… found Hernandez sitting at home on the porch steps. A deputy read Hernandez his Miranda rights, and while frisking him for weapons, found a small canister containing marijuana. Hernandez admitted that the marijuana was his. ¶5 W …
1 CA-CR 15-0604 Ariz. Ct. App. 2016-06-30 State v. Chesson
… o showed Rick the six-person photo lineup interviewed him. After being read his Miranda2 rights and agreeing to answer questions, Chesson said that he was not with the truck that day and that he was home all day. He also told the detective …
1 CA-CR 15-0636 Ariz. Ct. App. 2016-06-30 State v. Sagarnaga
… the precinct. ¶4 At the precinct, Officer D.M. read Sagarnaga his Miranda rights and conducted an interview. Sagarnaga confirmed his initial statements including that he had set the gun behind the driver’s seat. As a prohibite …
1 CA-CR 15-0509 Ariz. Ct. App. 2016-06-23 State v. Gill
… ll and his attorney signed, Gill indicated he understood his rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966), and avowed that “I fully understand that what I have written here may be used against me in a court of law should I fai …