| 1 CA-CR 14-0792 |
Ariz. Ct. App. |
2016-01-07 |
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State v. Yashar
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… though the State is not permitted to comment on a defendant’s post-arrest, post-Miranda2 warnings silence, a prosecutor may comment on a defendant’s pre-Miranda silence. State v. Ramirez, 178 Ariz. 116, 125 (1994). Here, Officer S.P. testif …
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| 1 CA-CR 14-0804 |
Ariz. Ct. App. |
2015-12-31 |
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State v. Vasquez
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… he recording reflects, however, that a police detective informed Vasquez of his Miranda rights at the beginning of the interview and asked if he understood them. Vasquez said “yes.” 7Though the sentencing court found an aggr …
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| 1 CA-CR 15-0238 |
Ariz. Ct. App. |
2015-12-24 |
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State v. Puccini
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… Detective M. also interviewed Defendant, and, after advising him of his Miranda rights, Defendant confessed to both the attempted rape, and other sexual conduct he had committed against Victim over the past few months. Defendant was …
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| 2 CA-CR 2014-0238 |
Ariz. Ct. App. |
2015-12-24 |
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State of Arizona v. Daniel Alberto Reyes
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… on of the Court ¶3 Marquis advised Reyes of his rights pursuant to Miranda , informed him he was under arrest, and read the “Admin 1 Per Se”2 admonition. Reyes then asked to speak to his attorney, and he did so shortl …
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| 1 CA-CR 15-0020 |
Ariz. Ct. App. |
2015-12-22 |
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State v. Aguilar
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… oin pocket of his jeans. After placing Aguilar in the patrol car and giving him Miranda warnings, Officer Ennis asked Aguilar several times whether he knew the content of the package; each time, Aguilar replied that he did not know but “hop …
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| 1 CA-CR 15-0217 |
Ariz. Ct. App. |
2015-12-17 |
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State v. Brooks
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… Decision of the Court ¶5 Upon advising Brooks of his Miranda1 rights, the officer asked him about the items. Brooks told the officer that he used the pipe to smoke marijuana and that the substance in the small bag …
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| 1 CA-CR 14-0856 |
Ariz. Ct. App. |
2015-12-17 |
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State v. McKeever
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… . He asserts in particular that the prosecutor improperly commented on his post-Miranda silence and attempted to provoke a mistrial. When a defendant objects to alleged misconduct, as McKeever did, we review each instance of alleged miscond …
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| 1 CA-CR 14-0842 |
Ariz. Ct. App. |
2015-12-15 |
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State v. Condiff
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… Condiff made after being detained but before being advised of her rights under Miranda.2 The court also found, however, that the first contact between law enforcement and Condiff was consensual; that reasonable suspicion and possible proba …
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| 1 CA-CR 15-0135 |
Ariz. Ct. App. |
2015-12-03 |
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State v. Lopez
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… ing containing methamphetamine. The officer arrested defendant and read him his Miranda rights. Defendant later admitted to taking the money from his mother’s bank account, driving to Mexico, and buying beer and methamphetamine. ¶3 …
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| 1 CA-CR 15-0052 |
Ariz. Ct. App. |
2015-11-24 |
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State v. Amador-Creane
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… audio and video-recorded interview. At the station, Amador- Creane was read his Miranda rights, interviewed, and charged. Portions of the interview were shown at trial. ¶7 After trial, a jury found Amador-Creane guilty of Count …
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| 1 CA-CR 14-0185 |
Ariz. Ct. App. |
2015-11-24 |
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State v. Lieser
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… ng that (1) he was detained without probable cause, (2) he was not afforded his Miranda1 rights, (3) the evidence at trial was insufficient and incorrect, and (4) his trial counsel did not provide constitutionally required effective assista …
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| 1 CA-CR 14-0646 |
Ariz. Ct. App. |
2015-11-24 |
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State v. Winfield
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… provided information that led to Winfield’s arrest. After being informed of his Miranda1 rights, Winfield acknowledged participating in the robbery, and he identified himself as the person who wore a black beanie with eyeholes cut into it w …
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| 1 CA-CR 14-0860 |
Ariz. Ct. App. |
2015-11-19 |
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State v. Minjarez
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… ne. Minjarez was then placed in handcuffs and advised of his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 471 (1966). ¶3 Minjarez thereafter admitted he used methamphetamine earlier in the day, which would be detected i …
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| 1 CA-CR 14-0132 |
Ariz. Ct. App. |
2015-11-17 |
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State v. Hudson
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… d interview, Avondale Police Department Detective Heatherington read Hudson his Miranda1 rights and asked: Q: Are you willing to answer some questions for me? A: Some, yeah. Q: Okay. A: I feel like I should have …
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| 2 CA-CR 2015-0008 |
Ariz. Ct. App. |
2015-11-16 |
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State of Arizona v. Michael Anthony Salcido
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… is enough.” Starr, 222 Ariz. 65 ¶¶ 23, 25, 213 P.3d at 221; see also People v. Miranda, 21 Cal. Rptr. 2d 785, 792 (Ct. App. 1993). ¶9 Salcido contends Rice’s vehicle could not constitute “other traffic” because the legislature k …
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| 1 CA-CR 14-0218 |
Ariz. Ct. App. |
2015-11-10 |
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State v. Doody
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… fter it found interrogators did not adequately inform Doody of his rights under Miranda v. Arizona, 384 U.S. 436 (1966), and because the methods of interrogation rendered his confession to the murders involuntary. Doody v. Ryan, 649 F.3d 98 …
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| 1 CA-CR 14-0398 |
Ariz. Ct. App. |
2015-11-05 |
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State v. Baker
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… ded his car. Before leaving for the station, however, the police told Baker his Miranda1 rights. Baker said he did not understand them, so the police stopped questioning him. On the way to the station, Baker blurted out that the passenger “ …
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| 1 CA-CR 14-0529 |
Ariz. Ct. App. |
2015-11-03 |
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State v. Contreras
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… were voluntary and that he knowingly and intelligently waived his rights under Miranda v. Arizona, 384 U.S. 436, 467-68 (1966). We review the court’s ruling admitting Contreras’s statements for an abuse of discretion based upon the evidenc …
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| 1 CA-CR 14-0690 |
Ariz. Ct. App. |
2015-10-22 |
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State v. Jensen
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… wever, after the officer arrested Jensen, advised him of his rights pursuant to Miranda,3 and informed him that he had performed poorly on the field sobriety tests and registered a high BAC, Jensen told the officer he believed he ranked a “ …
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| 2 CA-CR 2014-0330 |
Ariz. Ct. App. |
2015-10-16 |
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State of Arizona v. Richard Portugal Ortiz
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… y found J.V. and Ortiz in the minivan on June 30, J.V. was handcuffed, read the Miranda 4 warning, and interrogated by detectives. She initially told detectives that night was the only time any sexual conduct between herself and Ortiz had o …
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| 1 CA-CR 14-0040 |
Ariz. Ct. App. |
2015-10-08 |
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State v. Goettl
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… man was to sell her drugs. Goettl was taken to the city jail where he was given Miranda2 warnings and interviewed by Detective G. ¶4 Goettl moved to suppress the text messages arguing they were obtained in violation of his Fourth …
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| 1 CA-CR 15-0040 |
Ariz. Ct. App. |
2015-09-29 |
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State v. Zamorano
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… d offense of aggravated assault when charged under 13-1203(A)(2).2 See State v. Miranda, 200 Ariz. 67, 68–69, ¶¶ 3, 5 (2001); State v. Erivez, 236 Ariz. 472, 475–76, ¶¶ 15, 17 (App. 2015). In reviewing the sufficiency of the evidence, we th …
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| 1 CA-CR 14-0798 |
Ariz. Ct. App. |
2015-09-29 |
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State v. Low
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… amirez “he wanted to talk.” After Ramirez advised Low of his rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966), Low stated that “the heroin that [they] found on the ground . . . belonged to him.” A forensic scientist with the Phoen …
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| 1 CA-CR 14-0360 |
Ariz. Ct. App. |
2015-09-15 |
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State v. Nowakowski
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… he did.” ¶10 It is well settled that the use of a defendant’s post-Miranda silence as evidence of guilt, even for impeachment purposes, violates a defendant’s due process rights. See Doyle v. Ohio, 426 U.S. 610, 619 (1976). Our …
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| 1 CA-CR 14-0532 |
Ariz. Ct. App. |
2015-09-10 |
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State v. Stiefel
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… ny that several people were 2 Based on the record, Stiefel was not read his Miranda rights before he asked for and retrieved his clothes. See Miranda v. Arizona, 384 U.S. 436 (1966). Thus, the officers should not have been permitted to …
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| 1 CA-CR 14-0243 |
Ariz. Ct. App. |
2015-09-10 |
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State v. MacIel
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… ficer went back to the patrol vehicle, advised Maciel of his rights pursuant to Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and again asked him about going into the building. Maciel again reported he removed th …
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| 1 CA-CR 14-0709 |
Ariz. Ct. App. |
2015-09-10 |
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State v. Leeds
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… ficers arrested Leeds, and, subsequently, at the police station, read Leeds his Miranda rights. Leeds admitted to carrying the gun while walking the family dog around the neighborhood because he was worried about his safety. He also acknowl …
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| 1 CA-CR 14-0770 |
Ariz. Ct. App. |
2015-09-03 |
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State v. Baker
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… ing to revoke probation regardless of whether the probationer had been read her Miranda2 rights prior to the admission. State v. Rivera, 116 Ariz. 449, 452 (1977). Thus, Baker’s admission, without being read her Miranda rights, was properly …
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| 1 CA-CR 14-0528 |
Ariz. Ct. App. |
2015-09-01 |
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State v. Tonyan
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… oved from inside. ¶6 After being advised of his rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966), Tonyan denied entering the building, stating he was “just out for a nightly bike ride.” However, just inside the window …
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| 1 CA-CR 14-0266 |
Ariz. Ct. App. |
2015-08-25 |
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State v. Bustos
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… , and the arresting officers brought Bustos to him. The van officer read Bustos Miranda1 warnings verbatim from a card and asked him if he understood them. Bustos replied, “Not really.” The officer further explained the warnings, but Bustos …
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| 1 CA-CR 14-0675 |
Ariz. Ct. App. |
2015-08-25 |
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State v. Williams
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… two small plastic bags of marijuana. Williams was arrested and, after receiving Miranda warnings, admitted the marijuana was his.2 ¶4 A grand jury indicted Williams on a charge of possession or use of marijuana, a Class 6 felony. …
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| 1 CA-CR 14-0297 |
Ariz. Ct. App. |
2015-08-20 |
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State v. Griffith
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… rsation and moved Griffith to a different vehicle, where she was advised of her Miranda1 rights and interviewed by him and two other detectives. Though the audio-recording of the interview reveals that Griffith did not verbally indicate tha …
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| CR-12-0535-AP |
Ariz. |
2015-08-12 |
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State of Arizona v. Andre Michael Leteve
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… gation generally are not admissible unless preceded by the warnings required by Miranda v. Arizona, 384 U.S. 436, 444 (1966). Leteve argues that the trial court erred by admitting statements he made to police officers at his home before he …
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| 1 CA-CR 14-0310 |
Ariz. Ct. App. |
2015-08-11 |
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State v. Galaviz
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… pressed because he was not given the pre- interrogation warnings required under Miranda,6 and (2) all evidence obtained from the search of the van should be suppressed because the border patrol agent did not obtain a search warrant and lack …
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| 1 CA-CR 14-0030 |
Ariz. Ct. App. |
2015-08-11 |
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State v. Foncette
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… made to police while detained in the hallway, alleging untimely warnings under Miranda v. Arizona, 384 U.S. 436 (1966). The superior court granted that portion of the motion. 4 …
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| 1 CA-CR 14-0654 |
Ariz. Ct. App. |
2015-08-04 |
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State v. Land
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… , ¶ 12 (App. 1999) (citation omitted), disapproved on other grounds by State v. Miranda, 200 Ariz. 67 (2001). ¶12 On this record, sufficient evidence supported the instruction. Officer Meelhuysen testified that he activated his …
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| 1 CA-CR 14-0156 |
Ariz. Ct. App. |
2015-07-30 |
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State v. Vincent
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… “looking for him,” Defendant went to the police station. Defendant was read his Miranda2 rights and he agreed to talk to the detective. When the detective told him that they were interested in him because of “incidents [that had] come up wi …
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| 1 CA-CR 14-0157 |
Ariz. Ct. App. |
2015-07-28 |
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State v. Cramer
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… standing around waiting and there are text messages coming in, 4 Miranda v. Arizona, 384 U.S. 436 (1966). 7 STATE v. CRAMER Deci …
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| No. 1 CA-CR 14-0072 |
Ariz. Ct. App. |
2015-07-23 |
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State v. Cheatham
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… ed the marijuana and arrested Cheatham. After being read his rights pursuant to Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. *504 1602 , 16 L.Ed.2d 694 (1966), Cheatham admitted the prescription bottle containing the odor of unburnt marijuan …
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| 1 CA-CR 14-0452 |
Ariz. Ct. App. |
2015-07-02 |
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State v. Miranda
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… lee, v. VICTORIA MIRANDA, Appellant. No. 1 CA-CR 14-0452 FILED 7-2-2015 Appeal from the Superior Court i …
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| 1 CA-CR 14-0478 |
Ariz. Ct. App. |
2015-06-30 |
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State v. McLendon
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… sed glass pipe and two types of ammunition. ¶7 After being read his Miranda warnings, McLendon conceded his ownership of the methamphetamine, handgun, and both sets of ammunition. Moreover, McLendon was fully aware of his status …
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| CR-14-0283-PR |
Ariz. |
2015-06-19 |
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State of Arizona v. Christepher E. Lua
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… charged offense and the evidence supports giving the instruction. See State v. Miranda, 200 Ariz. 67, 68 ¶ 2, 22 P.3d 506, 507 (2001); see also Ariz. R. Crim. P. 23.3 (requiring court to submit jury verdict forms “for all offenses necessar …
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| 1 CA-CR 14-0355 |
Ariz. Ct. App. |
2015-06-11 |
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State v. Ludwig
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… t Wal- Mart and arrested Ludwig for criminal trespass. After reading Ludwig his Miranda rights,2 Officer B.C. questioned Ludwig about the July 20 shoplifting incident. At first, Ludwig denied any involvement in shoplifting the battery. Howe …
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| 1 CA-CR 14-0293 |
Ariz. Ct. App. |
2015-06-11 |
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State v. Harrison
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… eighbor. ¶3 Officer Burns placed Harrison under arrest and read him Miranda warnings. Harrison chose to waive his rights and speak with the officers. He stated the scooter belonged to Duane Jensen, who lived in an apartment adjo …
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| 1 CA-CR 15-0031 |
Ariz. Ct. App. |
2015-06-11 |
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State v. Barrios
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… a problem with the check.” ¶5 After receiving warnings pursuant to Miranda v. Arizona, 384 U.S. 436, 467-68 (1966), and agreeing to answer questions, Barrios stated he had received the check from a man named Luis, who offered t …
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| 1 CA-CV 14-0330 |
Ariz. Ct. App. |
2015-06-09 |
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Valencia v. Bp Capital
|
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… van & Kilmark, PLC, Glendale By Florin V. Ivan Counsel for Plaintiff/Appellant Miranda Law Firm, Gilbert By Daniel L. Miranda Counsel for Defendant/Appellee BP Capital Ventures, LLC Schneider & Onofry, PC, Phoenix By Jonathan D. Schneider …
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| 1 CA-CR 14-0272 |
Ariz. Ct. App. |
2015-06-04 |
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State v. Cruz
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… ed it was “cocaine or meth dust.” At that point, Cruz was arrested and read his Miranda rights. After the arrest, Cruz told Officer Baynes that there was a syringe in a black bag 1 Our factual recitation is based on Cruz’s motion to …
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| 1 CA-CR 14-0016 |
Ariz. Ct. App. |
2015-06-02 |
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State v. Krauch
|
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… ed as Xanax. ¶4 After she was arrested and waived her rights under Miranda v. Arizona, 384 U.S. 436 (1966), Krauch told Volpe she had a prescription for the Ritalin, and that she had traded some Ritalin for the Xanax. Krauch, h …
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| No. 1 CA-CR 14-0051 |
Ariz. Ct. App. |
2015-06-02 |
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State v. Cornman
|
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… e. Defendant and his wife were the only occupants. After defendant was read his Miranda rights, he agreed to speak with the police. Defendant first denied selling methamphetamine, then stated he only sold it to family and close friends. Def …
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| 1 CA-JV 14-0345 |
Ariz. Ct. App. |
2015-06-02 |
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In Re John C.
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… s mother to the loss prevention office and read Juvenile his rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966). Juvenile agreed to answer questions, but initially denied any wrongdoing. Acknowledging the “embarrassing nature” of th …
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