Arizona Appellate Opinions

Published opinions of the Arizona Supreme Court and Court of Appeals, collated from public records. 1340 opinions matched; showing 401–450.

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1 CA-CR 14-0202 Ariz. Ct. App. 2015-05-26 State v. Matwyuk
… ion of the Court At the police department, the police advised defendant of his Miranda rights, and defendant agreed to participate in an interview with a detective. ¶11 After initially denying that he was at A.D.’s house that mo …
1 CA-CR 13-0821 Ariz. Ct. App. 2015-05-26 State v. Watson
… e” and was taken into custody. ¶7 After being read his rights under Miranda v. Arizona, 384 U.S. 436 (1966), Watson agreed to speak with police officers. Watson said he found the drugs in an alley and had been rolling pieces of …
1 CA-CR 14-0548 Ariz. Ct. App. 2015-05-26 State v. Franklin
… appeared intoxicated from alcohol. ¶4 Upon advising Franklin of his Miranda rights,1 an officer asked Franklin if he knew D.B. Franklin stated that he did not. The State subsequently charged Franklin with one count of attempted …
2 CA-CR 2014-0169 Ariz. Ct. App. 2015-05-26 State of Arizona v. Francisco L. Encinas Valenzuela
… oints up its critical nature” as stage when legal advice “surely needed”), with Miranda v. Arizona, 384 U.S. 436, 504 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966) (Harlan, J., dissenting) (decision establishes new constitutional rules for confes …
1 CA-CR 12-0707 Ariz. Ct. App. 2015-05-21 State v. Felix
… ected against, aimed at, or target a victim under the age of fifteen.” State v. Mirandar-Cabrera, 209 Ariz. 220, 223, ¶ 14 , 99 P.3d 35, 38 (App.2004). Our supreme court has explained that the intent of the statute is to punish more severel …
1 CA-CR 14-0120 Ariz. Ct. App. 2015-05-12 State v. Armstrong
… owan transported Defendant to Maryvale Precinct. Rowan advised Defendant of his Miranda rights and interviewed Defendant. Defendant made statements to Rowan indicating he knew the substance was methamphetamine. ¶5 Defendant was i …
1 CA-CR 14-0643 Ariz. Ct. App. 2015-04-30 State v. Medina
… Court ¶3 Medina and J.R. were arrested, and Medina was read Miranda rights. Medina stated that he and J.R. were just walking down the street and denied any knowledge of the vehicle. During a search of J.R.’s pe …
1 CA-CR 14-0295 Ariz. Ct. App. 2015-04-21 State v. Satovich
… ¶ 12, 2 P.3d 657, 660 (App. 1999), disapproved of on other grounds by State v. Miranda, 200 Ariz. 67, 22 P.3d 506 (2001). ¶18 Although Satovich was found walking on the street, the trial court considered the instruction appropr …
1 CA-CR 13-0745 Ariz. Ct. App. 2015-04-14 State v. Mercado
… s he made to law enforcement officers at the scene before officers read him his Miranda2 rights, he also failed to present a colorable claim of ineffective assistance because we found no error on direct appeal regarding the admission of tho …
1 CA-CR 14-0177 Ariz. Ct. App. 2015-04-09 State v. Cortez
… r of Nike Air Max Triax shoes in Cortez’s bedroom. After advising Cortez of his Miranda1 rights, Detective R.R. questioned him about the murder of S.M. and several of the individuals Detective R.R. believed to be involved in her murder. At …
1 CA-CR 14-0116 Ariz. Ct. App. 2015-04-09 State v. Sanchez
… et; he then handcuffed defendant. ¶3 The deputy read defendant his Miranda rights in English, had him read a card with Miranda rights in Spanish, and interviewed him inside his police vehicle. Defendant admitted the cocaine bel …
1 CA-CR 13-0583 Ariz. Ct. App. 2015-03-19 State v. Merrill
… m was bleeding. ¶8 At the police station, officers read Merrill his Miranda rights and interviewed him. Merrill indicated he was aware of the order of protection and admitted entering the house through the back window. He stated …
2 CA-CR 2014-0103 Ariz. Ct. App. 2015-03-10 State of Arizona v. Austin Garrett Hansen
… P.2d at 1384 , and we are not at liberty to ignore this precedent, see State v. Miranda, 198 Ariz. 426, ¶ 13 , 10 P.3d 1213, 1216 (App.2000), aff'd, 200 Ariz. 67 , 22 P.3d 506 (2001). ¶ 24 Under controlling Arizona case law, the trial court …
1 CA-CR 13-0915 Ariz. Ct. App. 2015-03-05 State v. Brukardt
… mine. ¶3 Brukhardt was arrested and advised of his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 444 (1966). He then admitted he used methamphetamine daily for years, and explained that he used the scale to measure the drug …
1 CA-CR 13-0909 Ariz. Ct. App. 2015-02-26 State v. Abdi
… The officer transported Abdi to the police station where she waived her Miranda rights and agreed to speak to him. Miranda v. Arizona, 384 U.S. 436 (1966). According to the officer, Abdi told him that she had been smoking marijuana …
1 CA-CR 13-0474 Ariz. Ct. App. 2015-02-26 State v. Multari
… lesser included offense of aggravated assault as charged in this case. State v. Miranda, 200 Ariz. 67, 68, ¶ 3, 22 P.3d 506, 507 (2001); Angle, 149 Ariz. at 479, 720 P.2d at 80. 2 In settling jury instructions, Multari argued R.C. wa …
1 CA-SA 15-0010 Ariz. Ct. App. 2015-02-26 State v. Hon. miles/wright
… days later, the court denied Wright’s motion to suppress premised on an alleged Miranda2 violation. ¶5 After full briefing and oral argument, the superior court denied Wright’s Brady claim and found that there was no disclosure …
1 CA-CR 13-0445 Ariz. Ct. App. 2015-02-12 State v. Greenberg
… close enough” to being considered in custody, Detective D.H. read Greenberg his Miranda rights, which Greenberg waived. The detective questioned Greenberg with the stated belief that 2 …
1 CA-CR 13-0406 Ariz. Ct. App. 2015-02-10 State v. Morris
… ich he alleged claims of ineffective assistance of trial and appellate counsel, Miranda and privilege violations, and prosecutorial misconduct. On May 8, 2013, the trial court summarily dismissed that proceeding on the grounds that none of …
1 CA-CR 13-0913 Ariz. Ct. App. 2015-02-05 State v. Chavez
… d his motion to suppress the statements he made to police in the absence of any Miranda2 warnings. ¶14 In reviewing the denial of a motion to suppress, we restrict our review to consideration of the evidence presented at the supp …
1 CA-CR 13-0858 Ariz. Ct. App. 2015-01-13 State v. Erivez
… lesser-included offense of aggravated assault as charged in this case. State v. Miranda, 200 Ariz. 67, 68, ¶ 3, 22 P.3d 506, 507 (2001); State v. Angle, 149 Ariz. 478, 479, 720 P.2d 79, 80 (1986); State v. Foster, 191 Ariz. 355, 357, ¶ 9, 9 …
1 CA-CR 14-0057 Ariz. Ct. App. 2015-01-06 State v. Rodriguez
… ailed to find the facts necessary to enhance the defendant’s sentence. State v. Miranda-Cabrera, 209 Ariz. 220, 226-27, ¶¶ 27–30, 99 P.3d 35, 41-42 (App. 2004). ¶21 In order for a defendant to be sentenced under the DCAC statute …
1 CA-CR 13-0849 Ariz. Ct. App. 2014-12-30 State v. Faccio
… Decision of the Court ¶13 Faccio next argues that his Miranda2 rights were violated. Contrary to Faccio’s position, Detective Clevenger testified that he read Faccio his Miranda rights before beginning to question …
1 CA-CR 13-0725 Ariz. Ct. App. 2014-12-23 State v. Pino
… included offense of aggravated assault under A.R.S. § 13-1204(A)(2).); State v. Miranda, 198 Ariz. 426, 429, ¶ 13, 10 P.3d 1213, 1216 (App. 2000) (“[D]isorderly conduct under section 13-2904(A)(6) is a lesser- included offense of aggravated …
1 CA-CR 14-0210 Ariz. Ct. App. 2014-12-23 State v. Richards
… ansported to the police station, where he was advised of his rights pursuant to Miranda3 and provided an admin per se/implied consent affidavit. Appellant agreed to take a breath test, and he registered separate results equivalent to a BAC …
1 CA-CR 14-0217 Ariz. Ct. App. 2014-12-16 State v. Davis
… tes (A.R.S.) section 28-1595(B).2 After being advised of his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 444 (1966), Davis reiterated he knew the gun was in the vehicle. ¶4 Once aware of Davis’s prior felony record, the …
No. 1 CA-SA 14-0108 Ariz. Ct. App. 2014-12-11 Milke v. Mroz
… her confession was involuntary because she was too distraught to understand the Miranda 3 warnings Saldate gave her and Saldate failed to grant her request for a lawyer. He testified that Milke confessed her guilt, but Milke maintained her …
1 CA-CR 13-0859 Ariz. Ct. App. 2014-12-09 State v. Boutsisavanh
… 570, ¶ 12, 2 P.3d 567, 660 (App. 1999), overruled on other grounds by State v. Miranda, 200 Ariz. 67, 22 P.3d 506 (2001). Whether to give a flight instruction is dependent on the facts of a given case. Id. Merely leaving the scene of a cri …
1 CA-CR 14-0073 Ariz. Ct. App. 2014-12-02 State v. Penn
… and transported to the police station. ¶4 Penn was informed of his Miranda1 rights and was asked to submit to a blood draw. Penn initially refused but, after a police phlebotomist told him that further “delay w[ould] be conside …
1 CA-CR 13-0429 Ariz. Ct. App. 2014-12-02 State v. Young
… tion in finding him competent to stand trial, in finding that the waiver of his Miranda rights and confession was voluntary, and in allowing testimony about pornography found in his bedroom. We address each issue in turn. …
1 CA-CR 13-0788 Ariz. Ct. App. 2014-11-25 State v. Bruce
… and (2) denying a motion to suppress her statement to police prior to receiving Miranda1 warnings. For the reasons that follow, we affirm. FACTUAL BACKGROUD ¶2 Before trial, Bruce filed a motion to sup …
1 CA-CR 14-0029 Ariz. Ct. App. 2014-11-13 State v. Alonzo
… f transportation. Alonzo argues that the State improperly commented on his post-Miranda1 right to remain silent and engaged in other misconduct. On those bases, Alonzo contends that the trial court should have granted his motions for a mist …
1 CA-CV 13-0688 Ariz. Ct. App. 2014-11-06 State v. Parsons
… e officer that he had both methamphetamine and heroin in the vehicle. In a post-Miranda1 interview, Parsons admitted to selling drugs and to making “an approximate 30% profit on drug sales.” Based on this information, the State seized $609 …
1 CA-CR 13-0107 Ariz. Ct. App. 2014-10-21 State v. Martinez
… ged in an unlawful “two-step” interrogation to undermine the effectiveness of a Miranda1 warning. For the following reasons, we affirm. FACTUAL AND PROCEDURAL BACKGROUND2 ¶2 As a Tempe Police Department SWAT team exe …
1 CA-CR 13-0680 Ariz. Ct. App. 2014-09-30 State v. Jones
… ¶¶ 9, 11 & n.1, 2 P.3d 657, 659–60 & n.1 (App. 1999) disapproved of by State v. Miranda, 3 STATE v. JONES Decision of the Court 200 Ariz. …
1 CA-CR 13-0823 Ariz. Ct. App. 2014-09-25 State v. Robinson
… th white, crystalline residue on them. Officers arrested Robinson, read him his Miranda rights, and proceeded to question him. Robinson was not asked about the three specific transactions, but he admitted generally to selling drugs. 1 …
1 CA-CR 13-0555 Ariz. Ct. App. 2014-09-23 State v. Humelhans
… State v. Sowards, 147 Ariz. 185, 189, 709 P.2d 542, 546 (App. 1984). VII. Miranda Warning ¶39 Humelhans next argues he was not provided a Miranda9 warning following his 2012 arrest. ¶40 To admit at trial statements …
1 CA-CR 13-0830 Ariz. Ct. App. 2014-09-09 State v. Yazzie
… lusion of the field sobriety tests, a DPS officer arrested Yazzie, read him his Miranda rights, and transported him to the Coconino County Jail in Flagstaff. Yazzie consented to a breath test and officers obtained a search warrant for a blo …
1 CA-CR 13-0939 Ariz. Ct. App. 2014-09-04 State v. Krentiras
… emotional upset, the defendant’s action “excites disquietude or fear.” State v. Miranda, 198 Ariz. 426, 428 n.2, ¶ 11, 10 P.3d 1213, 1215 n.2 (App. 2000) (citations omitted). Here, L.G. testified that when J.G. called him to inform him she …
1 CA-CR 13-0372 Ariz. Ct. App. 2014-09-02 State v. Valenzuela-Valdez
… ed Valenzuela-Valdez, transported him to Cactus Park precinct, and read him his Miranda Rights. When asked if he had stabbed someone, Valenzuela- Valdez responded that he was only trying to defend himself. He told officers that he had been …
2 CA-CR 2013-0315 Ariz. Ct. App. 2014-08-29 State of Arizona v. David J. Waller
… asted about seven minutes. Following Waller’s admission, Hernandez read him the Miranda1 warnings, asked if he understood his rights, and placed 1Miranda v. Arizona, 384 U.S. 436 (1966). 3 …
1 CA-CR 13-0696 Ariz. Ct. App. 2014-08-28 State v. Johnson
… ue. ¶5 Defendant was arrested and interrogated after being read his Miranda rights.2 He told police that he found copper pipe in a local cemetery next to a bag of tools and other items, and he took the copper home to sell. He al …
1 CA-CR 13-0796 Ariz. Ct. App. 2014-07-31 State v. Sutton
… ption. Officer Guzman returned outside to read Appellant his rights pursuant to Miranda4 and interview him. ¶9 Appellant told Officer Guzman that he was asked to fill a prescription by a man named Mark, who Appellant met at a res …
1 CA-CR 13-0376 Ariz. Ct. App. 2014-07-24 State v. Sutton
… (one of which was on Sutton’s head). ¶6 After having been read his Miranda1 rights, Sutton told Officer Durham that he was trying to fix the cable signal for a friend who lived in the complex and that the cut coaxial cable foun …
1 CA-CR 13-0591 Ariz. Ct. App. 2014-07-01 State v. Mooradian
… a plastic baggy containing marijuana and a brown glass pipe. After receiving a Miranda warning, defendant admitted “we all shared the pipe.” ¶3 The state charged defendant with possession of drug paraphernalia, a class 6 felony …
1 CA-CR 13-0473 Ariz. Ct. App. 2014-06-19 State v. Jackson
… ant. The officer handcuffed Appellant and advised him of his rights pursuant to Miranda. 4 Appellant initially denied dropping the crack cocaine. ¶7 After being placed in the patrol vehicle, Appellant responded to further question …
1 CA-CR 13-0206 Ariz. Ct. App. 2014-06-17 State v. Pinzon
… rs not found by a jury does not violate the provisions of Blakely. See State v. Miranda-Cabrera, 209 Ariz. 220, 227, ¶ 32, 99 P.3d 35, 42 (App. 2004). ¶4 The petition for review presents additional issues, some of which Pinzon d …
1 CA-CR 13-0543 Ariz. Ct. App. 2014-06-17 State v. Sylvester
… ly volunteered the extra and unnecessary information that Appellant invoked his Miranda[3] rights, rather than just answering the question in the negative.” We disagree. ¶6 In general, a defendant’s right to due process is viola …
1 CA-CR 13-0703 Ariz. Ct. App. 2014-06-10 State v. Hanley
… crash and found damage to a nearby traffic signal pole. Nelson read Hanley his Miranda rights. Hanley told the officer he was driving the car at the time of the accident and had previously taken three prescription pills. Officer Smith arri …
2 CA-CR 2013-0065 Ariz. Ct. App. 2014-05-30 State of Arizona v. Esgardo Javier Nevarez
… request counsel after being placed under arrest and read his rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966), nor did he ask for an attorney upon arrival at the police station. However, after the arresting officer read the search …