CRIMINAL
ALL LINKS ON THIS PAGE ARE PDF FILES AND WILL REQUIRE ADOBE ACROBAT READER
February 2, 2010 . . . . . . . . . CR 08-0602 . . . .
. . . . . .State v. Ramsey
1. Is a suspect seized under the Fourth Amendment when officers pursue
him, pull up behind him onto the sidewalk with their patrol car, exit the car,
command the suspect to stop, but the suspect continues walking?
2. Is there sufficient reasonable suspicion to perform an investigative
stop
of an individual in a violent, high crime area at 1:00 a.m. in the morning when
the suspect changes directions several times in effort to evade police, the
suspect
places his hands in his pockets in response to seeing the officers approach him,
and the suspect refuses to stop or remove his hands from his pockets after the
officers command him to do so?
January 21, 2010. . . . . . . . . .CR
08-0715. . . . . . . . . . .State v. Pierce
Does the imposition of a natural life sentence on a person who committed
a murder while a teenager violate the Eighth and Fourteenth Amendments
to the U.S. Constitution?
January 14, 2010 . . . . . . . . . CR 08-0230 . . . .
. . . . . . State v. Young
Arizona Revised Statutes section 13-2316(A)(7) prohibits a person from acting
without or in excess of authority to obtain any records "that are not public
records" from a state computer. Can a person who wrongly obtains records
that fall within the scope of the Arizona Public Records Law be convicted of
violating that specific statute?
December 15, 2009 . . . . . . . CR 08-0048 . . . . . .
. . . . State v. Archibeque
1. Were the Defendant's statements to his Bishop protected by the clergy-
penitent privilege pursuant to Arizona Revised Statutes section 13-4062(3)?
2. Did the presence of Defendant's wife (who was also a member of the
same Church) during the alleged confession to the bishop vitiate the
privilege?
3. Did the Defendant's alleged confession to his wife prior to their
meeting
with the Bishop constitute a waiver of the clergy-penitent privilege?
December 10, 2009 . . . . . . . CR 08-0616 . . . . . .
. . . . State v. Lucero
1. Are military criminal investigators covered by the Federal
Constitutional
prohibitions on the procurement of involuntary confessions?
2. Does a criminal defendant invite error by acquiescing in an erroneous
jury instruction suggested by the superior court and the State?
December 8, 2009 . . . . . . . . CR 08-0455 . . . . .
. . . . . State v. Yegan
1. Did the trial court have subject matter jurisdiction over the
defendant's
criminal conduct, luring of a minor for sexual exploitation, which occurred
in California during various online chat sessions with a "minor" who was in
Arizona?
2. Did the trial court commit fundamental error by improperly instructing
the jury regarding the definition of sexual conduct?
October 29, 2009 . . . . . . . . CR 08-0698 . . . . .
. . . . . . State v. Latham
1. May a person be convicted of kidnapping by intimidation when the victim
is "restrained" by virtue of a threat by the person relayed to the victim by
another?
2. May a person be convicted of kidnapping when the victim, by
intimidation,
is caused to leave her home, get in her car and drive away from the home?
October 29, 2009 . . . . . . . . CR 08-0717 . . . . .
. . . . . . State v. Haney
May a prohibited possessor claim the protection of Arizona Revised Statutes
section 13-411 when he uses a gun in self-defense?
October 22, 2009 . . . . . . . . CR 08-0517 . . . . .
. . . . . . State v. Lychwick
An injunction against harassment is effective for "one year." In
calculating
that time, is the date of service included?
October 20, 2009 . . . . . . . . CR 08-0610 . . . . .
. . . . . . State v. Patterson
Is there a geographical rule requiring a trial court confronted with conflicting
decisions to follow the decision of the division of the Court of Appeals in
which it is located?
September 24, 2009 . . . . . . CR 07-0808 .
. . . . . . . . . . State v. Jones
Is Arizona Revised Statutes section 39-161 violated by the verification or
filing of an instrument that contains a false statement but which is otherwise
genuine?
September 22, 2009 . . . . . . CR 07-0591 . . . . . .
. . . . . State v. Silva
1. Whether the superior court had subject matter jurisdiction over his
competency even though his cumulative restoration treatment time exceeded
twenty-one months?
2. Whether the superior court committed fundamental error by not recognizing
and dismissing the first degree murder charge once defendant's cumulative time
in restoration treatment exceeded twenty-months?
September 15, 2009 . . . . . . CR 08-0139 . . . . . .
. . . . . State v. Tillmon
Does Arizona Rule of Criminal Procedure 16.1(b), which requires that all
motions "be made no later than 20 days prior to trial," require 20 "clear"
days between the date of trial and the date the motion was filed?
August 13, 2009 . . . . . . . . . CR 07-0797/CR
07-0798 . State v. Larson
Is sexual conduct with a minor a lesser included offense of continuous
sexual abuse of a minor?
August 13, 2009 . . . . . . . . . CR 08-0878 . . . . .
. . . . .State v. Caraveo
In a consensual encounter, can a police officer conduct a patdown search
if consent is given?
August 11, 2009 . . . . . . . . . CR 08-0295 . . . . .
. . . . .State v. Escobedo
When the parties and the court are unaware that a jury of twelve is required
for a criminal matter and the case is tried to a jury of eight, is the error
structural requiring automatic reversal?
July 28, 2009 . . . . . . . . . . . CR 07-0967 . . . .
. . . . . . State v. Childress
Did the order to Childress to move his truck and then to talk to Childress
when the officer made a traffic stop of another driver violate the Fourth
Amendment?
July 17, 2009 . . . . . . . . . . . CR
06-0060/06-0468 . . . State v. LeBrun
1. Whether the trial court erred in joining four cases and thirteen counts
for trial;
2. Whether the trial court erred in admitting sexual propensity evidence
without an evidentiary hearing.
June 30, 2009 . . . . . . . . . . .CR 06-0675 . . .
. . . . State v. Fish
1. Did the superior court err in excluding evidence of specific prior
acts of violence by the victim when the defendant did not know of
those acts at the time of the shooting?
2. Did the superior court err in refusing defendant's offered instruction
concerning what is an unlawful act as it related to the alleged victim's
conduct and defendant's self-defense claim?
3. Did the superior court err in not giving an instruction that the dogs
who were allegedly charging the defendant and were under the victim's
custody might have constituted dangerous instruments as that related
to the self-defense claim?
4. Did the superior court err in not giving a lesser-included instruction
of reckless manslaughter when defendant requested the court not to
give such an instruction, but the court gave an instruction on reckless
second degree murder?
June 18, 2009 . . . . . . . . . . .CR 08-0250 . . .
. . . . State v. Starr
1. Does Arizona Revised Statutes section 28-754 apply to turns less
than ninety degrees?
2. Did the unsignaled lane change in this case create a circumstance
in which "other traffic may be affected by the movement" such that the
officer had reasonable suspicion to stop the vehicle for violating Arizona
Revised Statutes section 28-754?
May 21, 2009 . . . . . . . . . . .CR 06-0314 . . . . .
. . State v. Geeslin
1. Can the Court of Appeals find error by a trial court in failing to give
a
requested jury instruction if the instruction is not in the record on
appeal?
2. Should the case be remanded for a hearing to determine prejudice
regarding the existence of prior convictions?
May 14, 2009 . . . . . . . . . . .CR 07-0829 . . . . .
. . State v. Castronova
Does a probation fee qualify as a "fine, penalty [or] forfeiture such that a
probation surcharge of $10 pursuant to Arizona Revised Statutes section
12-114.01(A) may be imposed?
May 12, 2009 . . . . . . . . . . .CR 07-0837 . . . . .
. . State v. Maldonado
Does the absence of a timely-filed information necessarily defeat subject
matter jurisdiction when the record indicates that the defendant was
adequately informed of the charges against him?
May 7, 2009 . . . . . . . . . . . CR 08-0104 . .
. . . . . State v. Chacon
Does a court have jurisdiction to revoke an individual's probation if
the Petition to Revoke Probation is never filed and the defendant's
probation otherwise expires?
April 28, 2009 . . . . . . . . . . CR 07-0923 . . .
. . . . State v. Gonzalez
Did the trial court commit fundamental error when it failed to instruct
the jury on the offense of failure to obey an officer pursuant to Arizona
Revised Statutes section 28-622 (2005) as a lesser-included offense
of unlawful flight from a law enforcement vehicle pursuant to Arizona
Revised Statutes section 28-622.01 (2005)?
March 10, 2009 . . . . . . . . . CR 07-0541 . . . . .
. . State v. Stock
Does the Arizona Revised Statutes section 13-604(R) requirement that
each felony sentence be enhanced by two additional years when a
defendant is on felony-release status apply to each of two separate
offenses that occurred in sequence?
February 26, 2009 . . . . . . . CR 07-0901 . . . . . .
. State v. Provenzino
Did the trial court err in counting two historical prior felony convictions as
one aggravating factor, instead of two pursuant to Arizona Revised Statutes
section 13-702.C.11?
February 24, 2009 . . . . . . . CR 07-0927 . . . . . .
. State v. Osborn
1. Does a stipulation to a prior felony conviction, that is admitted into
evidence in the case-in-chief, qualify under Rule 17.6 as a prior conviction
"admitted by the defendant while testifying on the stand"?
2. If a stipulation to a prior conviction is stricken for failure to
comply
with Rule 17.6, does that preclude the State from asserting the prior felony
conviction in any subsequent resentencing?
February 19, 2009 . . . . . . . CR 07-0970 . . . . . .
. State v. Peralta
If a defendant is the primary cause of any damage to the relationship
between himself and his counsel is he entitled to new counsel?
February 5, 2009 . . . . . . . . CR 08-0049 . . . . .
. . State v. Romar
Does a defendant waive any error in a trial court's ruling permitting
character witnesses to be cross-examined regarding specific instances
of defendant's conduct when the defendant does not call any character
witnesses to testify at trial?
January 20, 2009 . . . . . . . . CR 06-0894 . . . . .
. . State v. Zamora
1. Did the superior court properly apply the tests in Oregon v. Elstad,
470 U.S. 298 (1985) and Missouri v. Seibert, 542 U.S. 600 (2004)
in holding that post-Miranda custodial statements were admissible?
2. Did the superior court err in apparently admitting pre-Miranda
statements made to the police?
January 13, 2009 . . . . . . . . CR 07-0117 . . . . .
. . State v. Jernigan
Must one use, or intend to use, a credit card for a purchase in order
to "appropriate" the credit card under Arizona Revised Statutes section
13-1802(A)(4)?
December 26, 2008 . . . . . . CR 07-0738 . . . . . . .
State v. Alvarado
Does an arrestee who has marijuana concealed on his person when he is
booked into a correctional facility promote prison contraband in violation
of Arizona Revised Statutes section 13-2505(A)(1) (2001) even though
he did not enter the jail "voluntarily"?
December 18, 2008 . . . . . . CR 07-0183 . . . . . . .
State v. Karr
1. Did the trial court err by failing to instruct the jury regarding
defendant's burden of proof on self-defense?
2. Did the trial court err in ordering the sentence for misconduct
involving weapons be served consecutively to the sentence imposed
for murder?
3. Did the trial court err in enhancing defendant's sentence?
December 16, 2008 . . . . . . CR 07-1070 . . . . . . .
State v. Martinez
Whether a prosthesis is a body part for purposes of the aggravated
assault statute.
December 9, 2008 . . . . . . . CR 07-0385 . . . . . .
. State v. Palmer
Whether a
defendant convicted of first-degree murder and sentenced
to natural life in prison is entitled to presentence incarceration credit?
November 20, 2008 . . . . . . CR 07-0448 . . . . . . .
State v. Freeney
Did the trial court commit reversible error per se in allowing the state
on the first day of trial and before jury selection to amend the indictment
to change the theory of the underlying assault charge from "intentionally
placing another person in reasonable apprehension of imminent physical
injury" to "intentionally, knowingly or recklessly causing any physical
injury to another person."
November 18, 2008 . . . . . . CR 07-0568 . . . . . . .
State v. Gurrola
May a defendant be sentenced pursuant to the dangerous crimes against
children statute, Arizona Revised Statutes section 13-604.01, for
recklessly causing the death of a woman he knows to be pregnant, thereby
also killing her unborn child?
November 18, 2008 . . . . . . CR 07-0803 . . .
. . . . State v. Allen
Must a trial court, before accepting a stipulation entered during trial
that is the functional equivalent of a guilty plea, advise a defendant of
the consequences of the stipulation and obtain a waiver?
November 10, 2008 . . . . . . CR 07-0644 . . . . . . .
State v. Zaputil
Does the trial court lose jurisdiction to enter a restitution award after a
defendant has completed his probation and his conviction is set aside
pursuant to Arizona Revised Statutes section 13-907?
September 16, 2008 . . . . . . CR 07-0696 . . . . . .
. State v. Valverde
Is it fundamental error to not instruct the jury regarding the defendant's
burden of proof for the affirmative defense of self-defense?
August 19, 2008 . . . . . . . . . CR 07-0438 . . . . .
. . State v. Rodriguez-Rosario
Did the trial court err by not declaring a mistrial after a juror told the
court,
while being polled, that he did not agree with the verdict?
August 5, 2008 . . . . . . . . . . CR 06-0682 . . . .
. . . State v. Fischer
1. Does Arizona’s
constitutional prohibition of polygamy violate the First
Amendment right to the free exercise of religion?
2. Does prosecution of an adult male who enters into a celestial marriage
with a minor violate substantive due process?
3. Is a man who enters into a plural marriage with a minor entitled to a
defense to sexual conduct with a minor on the grounds the minor is his
“spouse”?
July 31, 2008 . . . . . . . . . . . .CR 06-0966 . . .
. . . . State v. Hardesty
Was defendant's possession and proposed use of marijuana permissible
by the Arizona Free Exercise of Religion Act?
July 31, 2008 . . . . . . . . . . . .CR 07-0083 . . .
. . . . State v. Botkin
Whether the trial court acted within its authority when, after finding
Defendant Sean Wayne Botkin violated his intensive probation in
2004 by committing a felony, it continued Botkin on probation rather
than revoking probation and imposing a sentence of imprisonment in
accordance with Arizona Revised Statutes section 13-917(B)?
July 31, 2008 . . . . . . . . . . . .CR 07-0800 . . .
. . . . State v. Flores
Does Arizona have subject matter jurisdiction over a defendant who
commits the crime of solicitation to commit human smuggling within
Arizona when all elements of the offense take place outside of the
United States?
July 24, 2008 . . . . . . . . . . . .CR 07-0314 . . .
. . . . State v. Garcia
Whether the phrase "intentional or knowing," as found in Arizona Revised
Statutes section 13-702(G) (Supp. 2007), applies only to "serious physical
injury" or also to "the discharge, use or threatening exhibition of a deadly
weapon or dangerous instrument"?
July 17, 2008 . . . . . . . . . . . .CR 07-0048 . . .
. . . . State v. Barragan-Sierra
1. Did the evidence submitted by the State concerning the defendant
entering
into an agreement to be smuggled, separate from the defendant's own statements,
satisfy the corpus delicti rule?
2. Can Arizona's conspiracy and anti-smuggling statutes be applied to
charge
and convict an illegal alien of conspiracy to smuggle himself?
3. Are Arizona's anti-smuggling statutes unenforceable on the basis of
pre-emption by federal law?
June 24, 2008 . . . . . . . . . . . CR 07-0475 . . .
. . . . State v. Moore
Is “attempted felony murder” a cognizable offense
under Arizona law?
April 29, 2008 . . . . . . . . . . CR 05-0917 . . . .
. . . State v. Klokic
May a court admit evidence of two complete criminal acts to establish
a single criminal count without taking measures to ensure a unanimous
jury verdict when the defendant proffers different factual defenses for
each act?
April 14, 2008 . . . . . . . . . . CR 05-1123 .
. . . . . . . State v. Quinn
Does A.R.S. §
28-673 authorize the admission in a criminal prosecution of
blood evidence taken without a warrant in the absence of probable cause
to believe the defendant was impaired?
April 10, 2008 . . . . . . . . . . CR 07-0299 . . . .
. . . . . . . . State v. Russo
Whether it violates the Due Process and Equal Protection Clauses of the
state and federal constitutions and the Eighth Amendment to the federal
constitution to impose on an individual convicted of the misdemeanor of
extreme DUI a mandatory prison assessment of $1000 pursuant to
Arizona Revised Statutes section 28-1382(D)(6) and Arizona Revised
Statutes section 41-1651 (2004)?
April 3, 2008 . . . . . . . . . . . CR 06-0845 . . .
. . . . . . . . . State v. Rhodes
Did the trial court err by determining that it
should have allowed Defendant
to submit character evidence that he was sexually normal.
March 31, 2008 . . . . .CR 06-0878/CR
06-0881 (Consol.) . . . State v. Vaughn
1. Pursuant to A.R.S. § 13-901.01, does a trial court have to find at a
probation
violation hearing that the probationer failed or refused to participate in drug
treatment
before the court may, at a subsequent disposition hearing, revoke probation and
order the probationer incarcerated for failing or refusing to participate in
drug
treatment?
2. If the State did not allege that the probationer failed or refused to
participate
in drug treatment, can evidence that the probationer failed to participate in a
drug test, by itself, support a finding, for purposes of A.R.S. § 13-901.01(G),
that the probationer failed or refused to participate in drug treatment?
March 11, 2008 . . . . . . . . . . . . CR 07-0270 . .
. . . . . . . . State v. Willis
Is a defendant charged with misdemeanor trespass entitled to a jury trial?
February 26, 2008 . . . . . . . . . . . .
CR 05-0770 . . . . . . . . . State v. Thomas
Must the underlying offense on which a conviction is based precede the
underlying
offense for which the defendant is charged to constitute an historical prior
felony
offense pursuant to Arizona Revised Statutes section 13-604(W)(2)?
February 26, 2008 . . . . . . . CR 07-0219 . . . . .
. . . . State v. Hasson
Did the trial
court err in finding that Hasson’s sentence was a calendar
sentence pursuant to A.R.S. § 13-712(A)?
February 12, 2008 . . . . . . . . . CR 06-0668 . . .
. . . . . . . State v. Lee
What is the amount of “physical force” that may constitute resisting arrest
under A.R.S. § 13-2508(A) , including whether so-called “minor scuffling”
may be sufficient to sustain a conviction?
January 29, 2008 . . . . . . . . . . . . CR 06-0293 .
. . . . . . . . State v. Barr
Is Arizona Revised Statutes section 13-907, which permits felony convictions
to be set aside yet still used in subsequent prosecutions, unconstitutionally
void
for vagueness?
January 15, 2008 . . . . . . . . . . . . CR 06-0376 .
. . . . . . . . State v. Jensen
Can a
defendant be guilty of knowing possession or knowing receipt of child
pornography from the internet when the evidence is undisputed that the
computer automatically downloaded the pornographic images without the
defendant’s knowledge?
December 24, 2007 . . . . . . . . . . . CR 06-0742 .
. . . . . . . . State v. Smith
Can a defendant
waive his right to appeal whether his foreign convictions
constitute felonies under Arizona law by not raising the argument in the trial
court?
December 18, 2007 . . . . . . . . . . . . CR 06-0748
. . . . . . . . . State v. Simpson
Is "sexual interest" an element of child molestation?
December 18, 2007 . . . . . . . . . . . . CR 06-0649
. . . . . . . . . State v. Stanley
1. Whether requesting to
consult with an attorney constitutes a refusal to submit
to a blood test under the implied consent statute, A.R.S. § 28-1321.
2. Whether the issuance of a search warrant for a blood test is dependent
upon
a refusal to take the test under A.R.S. § 28-1321.
November 27, 2007 . . . . . . . . . . . CR 06-0296 . .
. . . . . . . . . State v. Baker
When a trial judge makes a
determination of guilt or innocence based upon a stipulated
record, and if the trial record fails to show a knowing, voluntary, and
intelligent waiver
of a defendant’s constitutional right to a jury trial, must the conviction be
vacated and
the case remanded for a new trial?
November 27, 2007 . . . . . . . . . CR 06-0874 /
06-0877 (Consol.) . . . State v. Stummer
1. Does
the free speech provision of Article 2, Section 6, of the Arizona Constitution
provide broader protection to sexually-explicit speech than the First Amendment
to
the United States Constitution?
2. Does A.R.S. § 13-1422, which limits the hours of operation of
sexually-oriented
businesses, violate Article 2, Section 6, of the Arizona Constitution?
November 27, 2007 . . . . . . . . . . CR 06-1045 . . .
. . . . . . . . . State v. Soria
Did the superior court commit fundamental error by imposing the bench warrant
assessment fee?
November 20, 2007 . . . . . . . . . . . . CR 06-0283 .
. . . . . . . . . . . State v. Barraza
Is compliance with the factors in
Murdaugh required to validly apply the non-capital
aggravator “especially heinous, cruel or depraved” under A.R.S. § 13-702(C)(5)?
November 20, 2007 . . . . . . . . . . . . CR 07-0004 .
. . . . . . . . . . . State v. Avila
Did the trial court commit fundamental error pursuant to State v. Henderson
when
it enhanced defendant's sentence with a class four felony conviction that was
not
committed within five years preceding the date of the present offense?
November 1, 2007 . . . . . . . . . . . . . CR 06-0445
. . . . . . . . . . . . . . . State v. Rojers
1. When the scene is secure and the arrestee handcuffed and under a
separate officer's
control, was a warrantless search of the arrestee's vehicle permissible under
the search
incident to arrest exception?
2. Was the doctrine of inevitable discovery appropriately applied by the
trial court in
admitting evidence obtained during the warrantless search of a vehicle?
November 6, 2007 . . . . . . . . . . . . . CR 06-0590
. . . . . . . . . . . . . . . State v. Teagle
Was the investigative detention of the defendant for one hour and forty minutes
while
awaiting the arrival of a drug detection dog unreasonably long under the Fourth
Amendment?
October 18, 2007 . . . . . . . . . . . . . . CR
05-1136 . . . . . . . . . . . . . . . State v. Fernandez
1. Did the trial court
abuse its discretion in ordering supplemental closing argument in response
to a jury question raised during deliberations even though the jury had not
reached an impasse?
2. Did the trial court err as a matter of law in allowing the jury to
determine whether the defendant’s
conduct sufficiently focused on children to satisfy the dangerous crimes against
children sentencing
enhancement pursuant to A.R.S. § 13-604.01?
August 30, 2007 . . . . . . . . . . . . . . . . . CR
06-0062 . . . . . . . . . . . . . . . . . . . State v. Sharma
Does a person commit unlawful possession of access devices without the consent
of the issuer,
owner or authorized user and with intent to use the devices if the person
obtains the devices in
the name of an alias, but for his own use, and uses the devices only to access
his own accounts
rather than the accounts of another person?
August 28, 2007 . . CR 06-0193 PRPC & CR
06-0194 PRPC (Consol.) . . . State v. Taylor
Can the trial
court find imputed income to be a financial resource of an unemployed
criminal defendant in ordering an attorney assessment fee?
August 23, 2007 . . . . . . . . . . . . . . . . . CR
05-1228 . . . . . . . . . . . . State v. Carter
1. Under Proposition 200, A.R.S. § 13-901.01,
may a defendant who is convicted of a
drug offense and who, at sentencing, stipulates to one prior non-drug offense,
be
sentenced to prison without proof of two prior drug convictions?
2. Fundamental error occurs when a superior court accepts defense
counsel's stipulation
to a prior offense on behalf of his client in violation of Arizona Rules of
Criminal Procedure
17. The defendant will be resentenced, however, only if he demonstrates
prejudice.
Must a defendant who raises a Rule 17 violation for the first time on appeal
prove prejudice
based on evidence in the appellate record?
August 23, 2007 . . . . . . . . . . . . . . . . . . CR
06-0689 . . . . . . . . . . . . . State v. Allen
1. Does a defendant have a reasonable expectation of privacy protected
under the
Fourth Amendment in the exterior of his motor vehicle draped with a cloth car
cover
and parked in a location accessible to the public?
2. Assuming that a defendant has a reasonable expectation of privacy under
such
circumstances, was the search that occurred when a police officer lifted the
car
cover to view the exterior of the car permissible under the Fourth Amendment?
August 21, 2007 . . . . . . . . . . . . . . . . . . CR
05-1270 . . . . . . . . . . . . . State v. Olquin
1. Did
the trial court err by denying Defendant’s motion to suppress because he was not
adequately advised of his right to an independent blood alcohol test in Spanish?
2. Was there sufficient evidence to support Defendant’s conviction of
aggravated DUI
based on the ground that there were children under the age of fifteen?
July 31, 2007 . . . . . . . . . . . . . . . . . . . .
. . . . . . CR 06-0705 . . . . . . . . . . . . . . . . . . . State v. Le Noble
1. Does a defendant have a
right to a jury trial for the crime of resisting arrest?
2. Did the defendant waive his right to a jury by not requesting a jury
or objecting to the bench trial.
July 31, 2007 . . . . . . . . . . . . . . . . .
. . . . . . . . . CR 06-0471 . . . . . . . . . . . . . . . . . . . . . . . . . .
State v. Almly
When both Article III and Article IV of the IAD are
invoked, which time limits govern when a defendant must be
brought to trial on outstanding charges?
July 24, 2007 . . . . . . . . . CR 06-0088 . . . . . .
. . State v. Bassett
1. Did the defendant object to
the use of a stun belt underneath his clothes?
2. Was the trial court required to hold an evidentiary hearing before the
stun
belt could be applied underneath the defendant’s clothes?
July 17, 2007 . . . . . . . . . . CR 05-1091 . . . . .
. . . . State v. Rios
On a charge of first-degree felony murder based upon accomplice liability,
is the trial court required to instruct a jury that a defendant must be "both
an accomplice and a participant" in the underlying felony?
July 17, 2007 . . . . . . . . . . CR 05-0153 . . . . .
. . . . State v. Connor
As a matter of due process is a defendant entitled to obtain a victim’s
medical records to attempt to establish that the victim was violent, and
thus the defendant’s use of deadly force was justified, when the defendant
had no pre-existing knowledge whether the victim had any reputation for
violence?
July 17, 2007 . . CR 05-0765 & CR 05-0975 (Consol.) .
. State v. Wassenaar
1. Must the court specifically warn a defendant who is considering waiving
right
to counsel that he may have to testify by way of responses to questions by
advisory counsel?
2. Is one’s right of self-representation violated if one is compelled
to testify in such fashion?
July 12, 2007 . . . . . . . . . . CR 06-0661 . .
. . . . State v. Salerno
May the State
retain property seized from a criminal defendant
simply because the statute of limitations for filing criminal charges
has not expired?
June 12, 2007 . . . . . . . . . CR 06-0063 . . . . . .
. . . . State v. Salazar
Does the use of
prior statements to refresh the recollection of a witness
or to impeach her trial testimony violates the Crawford v. Washington
standard?
June 7, 2007 . . . .
. . . . CR 06-0415 . . . . . . . . . . State v. Brown
Did the defendant's commission of first-degree burglary and
aggravated assault constitute a single act, thereby mandating
imposition of concurrent sentences pursuant to Arizona Revised
Statutes section 13-116 (2001), or multiple acts, thereby
permitting imposition of consecutive sentences? (If the latter,
defendant was entitled to a twelve-person jury.)
May 29, 2007 . . . . . . . . CR 05-0306 . . . . . . .
. . . State v. Moss
Did the trial
court err in precluding, under the protection of the
Confrontation Clause as expanded by Crawford v. Washington,
541 U.S. 36 (2004), the State’s expert from testifying under Rule
703 to blood test results performed by non-testifying criminalists
and to an opinion based thereon?
May 8, 2007 . . . . . . . . . . CR 06-0227 . . . . .
. . . . State v. Walker
Can evidence seized during a warrantless probation search be used
against a non-probationer who lives with the probationer?
April 24, 2007 . . . . . . . . . CR 05-1088 . . . . .
. . . . State v. Bartolini
1. Does the collateral estoppel
component of double jeopardy preclude
admission of blood alcohol concentration (BAC) test results in a retrial
of an alleged violation of A.R.S. § 28-1381(A)(1) (“DUI-impaired”)
after an acquittal on an alleged violation of A.R.S. § 28-1381(A)(2)
(“per se DUI”)?
2. Did fundamental error occur, in violation of the collateral estoppel
component of double jeopardy, when the trial court instructed the jury
that it may presume a person with .08 BAC or higher is under the
influence of intoxicating liquor, in a retrial of an alleged violation of
A.R.S. § 28-1381(A)(1) (“DUI-impaired”) after an acquittal on an
alleged violation of A.R.S. § 28-1381(A)(2) (“per se DUI”)?
April 5, 2007 . . . . . . . . . . . CR 06-0331 . . .
. . . . . . . State v. Cifelli
Is the Williams/Jennings "reason to know" mens rea requirement in an
aggravated DUI case satisfied by evidence that the Department of Motor
Vehicles mailed the notice of license suspension to defendant's last known
address of record?
March 6, 2007 . . . . . . . . . . . . CR 06-0683 PRPC
. . . . . State v. Gum
Did the 1997
amendment to A.R.S. § 13-107 (E), which extended or
tolled the running of that statue of limitation for certain enumerated
serious offenses until the offenders identity was ascertained, apply to
crimes committed in 1991 where the offender’s identity was discovered
and prosecution commenced in 2002?
February 20, 2007 . . . . . . . . . CR 05-0969 . . . .
. . . . . . State v. Levens
Can a probationer, in a mandated polygraph examination, invoke his or her
Fifth Amendment rights to preserve them?
January 30, 2007 . . . . . . . . . . . . CR 05-0200 .
. . . . . . . State v. Ross
Did a county
Assessor violate the conflict of interest statute (A.R.S. § 38-504(C)) by
taking non-confidential taxpayer information for use in a private business
venture?
January 9, 2007 . . . . . . . . . . . . . . CR 05-0951
. . . . . . . . . State v. Nelson
May one be liable under ARS §§ 13-301 and -303 as an accomplice to a negligent
homicide?
December 19, 2006 . . . . . . . . . . . 1-CA-CR
05-1229 . . . . .. . . . . State v. Galvez
Did the trial
court commit reversible error when it concluded that Galvez had substantially
complied with the Interstate Agreement on Detainers and dismissed the State’s
indictment for failure to timely try Galvez on outstanding charges?
November 16, 2006 . . . . . . . . . . . . . . . . CR
05-0520 . . . . . . . . . . State v. Hansen
Is A.R.S. § 13-804(D), which provides that a convicted person’s restitution
payments to the
clerk of the court shall not be stayed if the defendant files a notice of
appeal, unconstitutional
because it conflicts with Arizona Rule of Criminal Procedure 31.6, which stays a
sentence
to pay restitution pending appeal?
November 9, 2006 . . . . . . . . . . . . . . . . . CR
05-0733 . . . . . . . . . . . State v. McIntosh
Did the trial court commit reversible error by accepting a guilty verdict
bearing the hand-written juror number on the signature line for the jury
foreperson?
November 3, 2006 . . . . . . CR 05-1190 & CR 05-1191
(Consol.) . . . . State v. Londo
1.
Did the trial court err by denying defendant’s motion to suppress as
untimely?
2.
Should this court adopt the “rescue doctrine” or “private safety
exception” to Miranda? If so, did defendant’s admission meet the
standard of admissibility under this doctrine?
3. Was defendant’s
confession voluntary?
October 31, 2006 . . . . . . . . . . . . . . CR
04-0508 . . . . . . . . . . . . State v. Price
1. Did the trial court err in denying defendant a Dessureault
instruction?
2. Did the trial court err in denying his request for an instruction on a lesser-included offense?
3. Did the trial court unconstitutionally aggravate defendant's sentences.
October 26, 2006 . . . . . . . . . . . . . . . CR
05-1240 . . . . . . . . . . . . . .State v. Olmstead
If a court finds only mitigating factors and no aggravating factors, is the
court obliged to impose a
sentence that is lesser than the presumptive sentence?
September 14, 2006 . . . . . . . . . . . . . . . .
CR 03-0573 . . . . . . . . . . State v. Parks
Under Crawford and Davis, did the police officer’s interrogation
of Cory at the crime scene produce testimonial statements?
August 8, 2006 . . . . . . . . . . . . . . . . . . .
. . CR 03-0328 . . . . . . . . . State v. Munninger
Has the defendant
met his burden of showing fundamental error in sentencing him when one of three
aggravating factors should not have been used?
May 18, 2006 . . . . . . . . . . . . . . . . . . . . .
. CR 04-0530 . . . . . . . . . . . State v. Booker
Does the exclusionary rule automatically apply to require
suppression of the bong when there is no evidence the police illegally seized
the bong for purposes of prosecution of any alleged crime they were
investigating and for which the defendant was not charged?
April 20, 2006 . . . . . . . . . . . . . . . . . . . .
. CR 04-0269 . . . . . . . . . . . State v. King
1. May statements made during a 9-1-1 call be "testimonial"
for Confrontation Clause purposes under Crawford v. Washington, 541 U.S.
36 (2004)?
2. Were additional statements made by the victim to an
investigating police officer "testimonial" for Confrontation Clause purposes
under Crawford v. Washington, 541 U.S. 36 (2004)?
March 23, 2006 . . . . . . . . . . . . . . . . . . . .
. CR 04-0661 . . . . . . . . . . . . State v. Gastelum
1. Did the superior court erroneously rely on a prior
felony conviction for sentence enhancement that was neither stipulated nor
proved?
2. Must a stipulated prior conviction comply with Criminal
Rule 17.6?
3. Does the Court of Appeals have jurisdiction of an
appeal from a conviction and sentence when the sentence was enhanced by an
admitted or stipulated prior conviction?
March 14, 2006 . . . . . . . . . . . . . . . . . . . .
. . . CR 04-0770 . . . . . . . . . . . State v. Freitag
1. Does Lawrence v. Texas extend constitutional protection to
Defendant’s solicitation of an act of prostitution in violation of Phoenix City
Ordinance?
2. May the City of Phoenix impose fee on criminal appeals from its
municipal courts?
February 23, 2005 . .. . . . . . . . . . . . . . . . . . . . CR 03-0987 . . . .
. . . . . . State v. Kuck
Is entitlement to a twelve-member jury evaluated on the basis of the maximum
potential sentence at the time the jury begins its deliberations?
December 6, 2005 . . . . . . . . . . . . . . .
CR 04-0755 . . . . . . . . . . . State v. Gaynor-Fonte
Can a defendant be charged with felony domestic violence under A.R.S. §
13-3601.02(A) if he has committed, but has not been convicted, of two prior
domestic violence offenses within the last five years?
September 13, 2005 . . . . . . . . . . . . . . .
CR 04-0589 . . . . . . . . . . . State v. Vandever
In a manslaughter and endangerment case in which the defendant admitted having
been voluntarily intoxicated and to having violated the traffic laws, should
evidence of his character and reputation for not being a reckless person and for
liking his passenger have been admitted pursuant to Rule 404(a)(1)?
September 6, 2005 . . . . . . . . . . . . . . . .
CR 04-0435-PR . . . . . . . . . . State v. Ward
1. Does Blakely apply to all "Rule 32
of-right" post-conviction proceedings not yet final on direct review when
Blakely was decided.
2. Does a defendant waive the right to a jury determination of aggravating factors for sentencing when he waives the right to a jury on the offenses charged?
August 4, 2005 . . . . . . .. . . . . . . . .. . .
CR 03-0573 . . . . . . . . . . . . . State v. Parks
1. Can an excited utterance be testimonial under Crawford
v. Washing, 541 U.S. 36 (2004)?
2. Can police questioning during a field investigation
constitute an interrogation under Crawford v. Washing, 541 U.S. 36
(2004)?
July 5, 2005 . . . . . . . . . . . . . . . . . . . . .
CR 03-0827-PRPC . . . . . . . State v. Febles
1. Does Blakely apply retroactively to cases on collateral
review whether such cases were final before or after Apprendi was decided?
2. Is Petitioner’s counsel ineffective for failing to
raise an Apprendi claim on direct appeal?
March 25, 2005 . . . . . . . . . . . . . . . . . .
. . CR 04-0027 . . . . . . . . . . . State v. Storholm
Is a DUI defendant entitled to a second sample of breath in a prosecution based
on breath alcohol content?
March 4, 2005 . . . . . . . . . . . . . . . . . .
. . CR 03-0914 . . . . . . . . . . . . . . State v. Estrada
Does Blakely v. Washington entitle a defendant whose prior convictions
constitute an aggravating circumstance to jury findings on the existence of any
additional aggravating circumstances?
March 4, 2005 . . . . . . . . . . . . . . . . . . . .
CR 03-0526 . . . . . . . . . . . . . . . State v. Pitre
Does the presence of a Blakely-exempt or compliant factor permit the
trial judge to find and consider all other aggravating factors in imposing a
sentence beyond the sentence authorized by the verdict?
March 3, 2005 . . . . . . . . . . . . . . . . . . .
CR 02-0079 . . . . . . . . . . . . State v. Aguilar
Is an excited utterance made in the presence of and testified to by a lay
witness the type of "testimonial statement" whose admissibility under
Crawford v. Washington depends upon whether it was subject to a prior
opportunity for cross-examination?
March 1, 2005 . . . . . . . . . . . . . . . . . . .
CR 04-0242 . . . . . . . . . . . . . State v. Cofield
Is a defendant sentenced for attempted child molestation, following revocation
of his probation, entitled to presentence incarceration credit under A.R.S. §
13-709(B) for time spent detained at the Arizona State Hospital on probable
cause that he is a sexually violent person (SVP)?
February 22, 2005 . . . . . . . . . . . . . . . . .
CR 03-0187 PRPC . . . . . . . State v. Goracke
Should the prisoner mailbox rule, holding that a document is deemed filed by a
pro se prisoner when delivered to proper prison authorities, apply to petitions
for review by the Arizona Supreme Court?
January 27, 2005 . . . . . . . . . . . . . . . . .
. . CR 03-0305 . . . . . . . . . State v. Pena
1. Was the conviction for aggravated assault
supported by the evidence?
2. Did the superior court improperly consider statutory elements of the offense as aggravating factors?
3. Was the consideration of improper aggravating factors in sentencing harmless error?
January 20, 2005 . . . . . . . . . . . . . . . . .
. . . CR 03-0328 . . . . . . . . . State v. Munninger
1. Is Blakely error waived if not raised in
the superior court?
2. Does a single proper aggravating factor permit affirmance of an aggravated
sentence even when the sentencing judge relied on improper factors?
3. Was the reliance on improper aggravating factors harmless error?
January 11, 2005 . . . . . . . . . . . . . . . . .
. . . CR 02-0591 . . . . . . . . . State v. Barraza
Does A.R.S. § 13-411 apply when a guest uses deadly physical force against a
resident of the house?
December 16, 2004 . . . . . . . . . . . . . . . . .
. . CR 03-0810 . . . . . . . . . . State v. Gatliff
Is a separate jury finding of dangerousness required by Blakely for arson
of an occupied structure when dangerousness rests on the use of fire as a
dangerous instrument?
December 14, 2004 . . . . . . . . . . . . . . . . .
. CR 03-0243 . . . . . . . . . . . State v. Berger
Does a mandatory minimum term of 200 years imprisonment for twenty offenses of
possessing child pornography violate the state and federal constitutional
guarantees of equal protection or the state and federal constitutional
prohibitions against cruel and unusual punishment?
November 23, 2004 . . . . . . . . . . . . . . . . .
CR 03-0867 . . . . . . . . . . . . . . State v. Miguel/Tirado
Does the time-extending provision of Rule 1.3(a) of the Arizona Rules of
Criminal Procedure apply to the five-day period for execution of a search
warrant provided by A.R.S. § 13-3918(A) so as to exclude weekends and holidays
from the calculation of the five-day period?
November 18, 2004 . . . . . . . . . . . . . . . .
.CR 03-0920 . . . . . . . . . . . . . . State v. Henderson
Is Blakely error subject to a harmless error analysis?
November 4, 2004 . . . . . . . . . . . . . . . . .
CR 03-0728 . . . . . . . . . . . . . . . . State v. Martinez
1. Was a natural life sentence for murder properly imposed?
2. Were aggravated sentences for burglary and theft compliant
with Blakely when some aggravating factors were found by the judge?
October 28, 2004 . . . . . . . . . . . . . . . . CR
03-0180 . . . . . . . . . . . . . . . . . . . .. . . . State v. Kuntz
In deciding whether a foreign conviction requires registration, can the trial
court consider facts not necessarily evidenced by the judgment of conviction?
October 26, 2004 . . . . . . . . . . . . . .
CR 03-0640 . . . . . . . . . . . . . . . . . State v. Williams
1. Did the trial court err in admitting into evidence prior acts of public
sexual indecency pursuant to Rule 404(b)?
2. Was one of the prior acts too remote to be probative, and did the trial court
commit fundamental error in allowing its admission?
3. Was one of the prior acts too dissimilar to the charged acts to be probative,
and did the trial court abuse its discretion in allowing its admission?
4. Did the trial court commit fundamental error in determining that the
probative value of the prior bad acts outweighed the danger of unfair prejudice?
5. Do the provisions of Rule 404(c) apply to the charged crimes of public sexual
indecency and public sexual indecency directed to a minor notwithstanding the
fact that such offenses are not specifically listed in A.R.S. § 13-1420(C)?
6. Did the trial court err when it admitted the testimony of a probation officer
concerning one of the prior bad acts?
7. Did the trial court abuse its discretion in denying the defendant's motion to
strike and subsequent motion for mistrial concerning a detective witness
indicating that he had arrested the defendant for one of the prior bad acts?
8. Was the evidence sufficient to support the defendant's convictions on the
charged offenses?
October 21, 2004 . . . . . . . . . . . . . . . CR
01-0926 . . . . . . . . . . . . . . . . State v. Miranda-Cabrera
1. Must a defendant intend a result to target a child for
purposes of A.R.S. § 13-604.01?
2. Is it a violation of defendant's constitutional rights for
a court to find and consider aggravating factors in imposing a mitigated
sentence?
September 28, 2004 . . . . . . . . . . . . . . .
CR 02-0832 . . . . . . . . . . . . . . State v. Garnica
Can there be accomplice liability for an offense that is based on a mens rea of
recklessness?
September 28, 2004 . . . . . . . . . . . . . . . .CR 02-0578 . . . . . . . .
. . . . . . State v. Speers
Is it reversible error to not allow expert testimony regarding child interviews
and to give a flight instruction when the defendant’s actions did not make him
harder to find?
July 8, 2004 . . . . . . . . . . . . . . . . . . .
. . . CR 03-0683 . . . . . . . . . . . . . State v. McDermott
Does the word "luggage" in subsection (F) include a fanny pack,
and if it does not, is subsection (F) as applied to subsection (A)(1)
unconstitutionally vague?
June 29, 2004 .. . . . . . . . . . . . . . .
. . . . CR 02-1003PR . . . . . . . . State v. Reinhardt
If a person is convicted for the first time of the personal possession of
two controlled substances (methamphetamine and marijuana) and the offenses occurred
simultaneously, does this constitute one strike or two strikes for sentencing
purposes under Proposition 200?
June 22, 2004 . . . . . . . . . . . . . . . .
. . CR 03-0606 . . . . . . . . . . . . .State v. Nguyen
How does A.R.S. § 13-604.02(B), requiring consecutive sentences for new
crimes committed while on probation, interact with Arizona's statutory and
constitutional provision for a twelve-person jury
June 17, 2004 . . . . . . . . . . . . . . . . .
. CR 02-0364 . . . . . . . . . . . . State v. Whelan
Is an unappealed suppression order binding on the state in a subsequent
proceeding when there has been an intervening change in the law?
May 18, 2004 . . . . . . . . . . . . . . . . . . .
CR 03-0469 . . . . . . . . . . State v. Nelson
Can an officer employed by the governing body of an Indian tribe and
certified by the Arizona Peace Officer Standards and Training Board conduct a
brief stop and detention of a vehicle off the reservation?
May 4, 2004 . . . . . . . . . . . . . . . . . . .
. CR 03-0197 . . . . . . . . . State v. Watkins
1. May police momentarily detain a departing person who is
a witness to a recently committed violent offense?
2. May police frisk the person if he makes furtive
movements to his waistband, as if to retrieve or hide a weapon?
3. May police seize contraband discovered by "plain
feel" in a frisk for weapons?
April 15, 2004 . . . . . . . . . . .. . . . .
. CR 02-0937 . . . . . . . . . . . . State v. Nieves
Is a defendant's confession that she smothered her child admissible when
there is no other evidence
suggesting her child's death was the result of criminal conduct?
April 1, 2004 . . . . . . . . . . . . . . . .
. . CR 02-0211 . . . . . . . . . . . . . State v. Rivera
Is it reversible error to permit an accomplice witness who has entered a plea
agreement containing a consistency clause to testify at trial under the belief
that the consistency provision is enforceable?
March 23, 2004 . . . . . . . . . . . . . CR 02-0739
.. . . . . . . . . . . . . . . . . State v. Lucero
1. Are results produced by GC/MS (gas chromatography/mass
spectrometry) testing subject to a Frye
hearing?
2. Is a Frye hearing necessary to permit an expert to
testify that defendant was driving while impaired?
3. Did a jury instruction shift the burden of proof to
defendant?
March 23, 2004 . . . . . . . . . . . . . . . . CR 03-0138 . . . . . . . .
.. . . . State v. Windus
Is evidence of crimes committed after an illegal entry admissible when the
officers did not
exploit their unlawful entry to provoke new and distinct criminal conduct?
March 18, 2004 . . . . . . . . . . . . . . . .
. . CR 02-0384 . . . . . . . . . . State v. Madrid
Are travel-related expenses incurred by the victim of a crime who
voluntarily attends the
the defendant's trial an item of "economic loss" for which the victim
is entitled to receive
pursuant to A.R.S. § 13-603(C)?
March 4, 2004 . . . . . . . . . . . . . . . . .
. . CR 02-0222 , , , , , , , , , State v. Vogel
Does A.R.S. § 13-415 trump A.R.S. § 13-404(B)(!) such that verbal
provocation alone may justify
the use of physical force in self-defense by a defendant against whom the victim
has committed
previous acts of domestic violence?
February 3, 2004 . . . . . . . . . . . . . . . CR
02-0960 . . . . . . . . . State v. Long
Is the consecutive 20-year sentence imposed for Count One (sexual
exploitation of a minor
under age 15) so grossly disproportionate to the defendant's crime as to
constitute cruel
and unusual punishment and thus be violative of the 8th amendment to the United
States
Constitution and Article 2, Section 15, of the Arizona Constitution?
Did the trial court abuse its discretion in imposing an aggravated sentence
for the sexual
exploitation of a minor under the age of 15 conviction?
December 18, 2003 . . . . . . . . . . . . . . . .
CR 02-0808 . . . . . . . State v. Ontiveros
May a person be convicted of attempted second-degree murder under Arizona
Law if he
knows merely that his conduct will cause serious physical injury and does not
intend or know
that his conduct will cause death?
December 11, 2003 . . . . . . . . . . . . . . .
. CR 02-0958 . . . . . . State v. Tsinnijinnie
Must a defendant convicted of sexual assault for conduct on one occasion and
child molestation
of the same victim on another occasion be given consecutive, rather than
concurrent, sentences
under A.R.S. § 13-604.01(K)?
December 2, 2003 . . . . . . . . . . . . . .
. . CR 02-0971 . . . . . . . . . State v. Gonzales
Does the rebuttable presumption of receipt of notice authorized in A.R.S. §
28-3318(D) that applies
in the case of the suspension or revocation of a driver's license also apply in
the case of the cancellation
of a driver's license?
November 6, 2003 . . . . . . . . . . . .. . .
CR 02-0519 . . . . . . . . . State v. Maldonado
Must the number of jurors be decided at the outset of the trial upon a
calculation of the maximum
authorized sentence faced by the defendant?
October 30, 2003 . . . . . . . . . . . . . CR
02-0456 . . . . . . . . . . . State v. Cabanas-Salgado
In a felony murder prosecution based on the underlying felony of
transportation of cocaine for
sale, does the state have to prove that the defendant knew the amount of cocaine
being transported
equaled or exceeded the statutory threshold amount?
October 30, 2003 . . . . . . . . . . . .. . . CR 02-0735 . . . . . . . . .
. . . . . State v. Arbolida
Does A.R.S. 13-702(G) apply to defendants who have an historical prior felony
conviction?
September 2, 2003................................CR
02-0963.........................State v. Akins
Does A.R.S. § 28-1595(C) adequately specify the evidence of identity that a
passenger
must provide if an officer reasonably believes the passenger to have violated a
provision
of the traffic code?
1. Must a trial court decide a motion to change counsel?
2. Must a trial court conduct an inquiry into the basis of allegations
that a change of
counsel is needed?
August 26,
2003.....................................CR 02-0363.......................State
v. Story
May a requirement of community service hours be imposed as a condition of
probation
on a first-time offender sentenced under Proposition 200?
August 21,
2003.....................................CR 02-0865.....................State v.
Keener
1. Does A.R.S. section 13-3883(B), which permits a police officer to
stop and detain
a person for a traffic violation committed in the officer's presence, override
A.R.S.
section 13-3883(A)(4), which permits an officer to make a warrantless arrest on
probable cause for a misdemeanor traffic offense not committed in the officer's
presence?
2. Can a court consider the collective knowledge of all of the
officers involved in an
investigation in determining whether probable cause existed for a warrantless
arrest when
the offense for which the accused is arrested is a misdemeanor rather than a
felony?
August 12,
2003.....................................CR 02-0713.....................State v.
Hazlett
Is A.R.S. § 13-3553 unconstitutionally overbroad by encompassing expression
protected by the First Amendment and Article 2, Section 6, of the Arizona
Constitution?
July 29,
2003...........................................CR
02-0422...................State v. Smyers
Whether a defendant can make a reasoned decision whether to testify and
face
impeachment with a prior conviction when the trial court improperly sanitizes
the
admission of that conviction.
July 22, 2003.............................................CR
02-0432..................State v. Darelli
Can a trial judge effectively set a plea cut-off date by rejecting any plea
(except a
plea to the charges) after a certain time?
July 3,
2003............................................CR
02-0698......................State v. Soltero
Is the 2001 amendment to A.R.S. section 28-1382(A), which was enacted with
an
emergency clause and which reduced the alcohol concentration limit for extreme
DUI
from 0.18 to 0.15, constitutional?
June 26,
2003..........................................CR
02-0592......................State v. Reyna
Can the so-called "automobile exception" to the 4th Amendment
warrant requirement
apply under the Arizona Constitution in the absence of exigent circumstances?
June 17,
2003............................................CR01-0204..................State
v. Johnson
If a defendant intends to shoot and injure a police officer and fires one shot
which does
hit the officer, may the defendant's intent be "transferred" under
A.R.S. § 13-203(B) to
supply the element of intent necessary for the crime of aggravated assault on
the
bystanders?
June 12,
2003.............................................CR
01-0783....................State v. Beasley
1. Did the swabbing of a defendant's hands while in police custody in
order to perform
a gunshot residue test ("GSR") constitute a search?
2. Did the trial court abuse its discretion in failing to
"sanitize" priors used to impeach a
testifying defendant pursuant to Rule 609 of the Arizona Rules of Evidence when
those
priors were the same as, or similar to, the crimes for which the defendant was
on trial?
June 5,
2003...............................................CR
01-1005............................State v. Siner
May the doctrine of transferred intent, A.R.S. § 13-203(B), be applied to the
offense of
drive-by-shooting?
May 29,
2003.............................................CR
02-0073.......................State v. Gallagher
Should a first-time offender under Proposition 200, convicted of one count
of possession
of drugs for personal use and another count of possession of drug paraphernalia
(associated
with personal use) arising from the same occasion, be sentenced under
Proposition 200 as
though he has one "strike" or two strikes"?
May 29,
2003.............................................CR
02-0115.........................State v. Sullivan
Is an error in an instruction given pursuant to State v. Portillo, 182
Ariz. 592, 898 P.2d 970
(1995), structural error or is it error that is subject to a harmless error
analysis?
May 13,
2003.............................................CR
00-0326............................State v. Sanders
1. Is aggravated assault committed by a knowing touching with intent
to injure, insult or
provoke a different offense than aggravated assault committed by creating a
reasonable
apprehension of imminent physical injury such that an amendment from one to the
other
changes the nature of the offense in violation of Rule 13.5(b) and the Sixth
Amendment?
2. Should the last sentence of Rule 13.5(b) providing that the
charging document should be
deemed amended to conform to the evidence presented during trial be limited to
amendments
that are merely formal or technical?
April 24,
2003............................................CR
02-0007............................State v. Davis
1. Whether the trial court abused its discretion in not permitting
defendant to present
evidence of third-party culpability.
2. Whether the trial court abused its discretion in denying
defendant's request for a Willets
instruction.
April 11,
2003...........................................CR 02-0190
RT......................State v. Sucharew
1. May PowerPoint presentation software be utilized in an opening
statement,
notwithstanding the absence of authority for same in Rule 19, Arizona Rules of
Criminal
Procedure?
2. Does a waiver of the attorney-client privilege occur when the
client, a minor, meets with
his lawyer in the presence of the minor's parents?
April 1,
2003.............................................CR
02-0448...........................State v. Kaiser
Is Scottsdale City Code Section 19-13 unconstitutionally vague and overbroad?
April 1,
2003.............................................CR
02-0002........................... State v. Mutschler
Is Phoenix City Code 23-54, which prohibits the operation of a live sex act
business,
constitutional?
March 12,
2003....................................CR02-0431RT...............................State
v.
Lucero
Does reaching a place of temporary safety presumptively terminate the
immediate flight from
an armed robbery such that a death occurring thereafter did not occur during
immediate flight
from the robbery?
February 25,
2003......................................CR 02-0186
.................................... State v. Bronson
Whether a violation of the confrontation clause was harmless?
January 30, 2003 . . . . . . . . . . . . . .
. . . . . .CR 01-0447 . . . . . . . . . . . . . . . . . . State v.
Mitchell
May a suspect who has already been handcuffed commit the crime of resisting arrest?
Does a defendant have the right to a private blood draw/test in addition to the blood draw/test administered by the State?
Are a defendant's confrontation rights violated when telephonic testimony is admitted at trial and the State has not demonstrated a compelling reason why the telephonic testimony should be substituted for in-person testimony?
What are the standards for re-opening evidence when a jury is deliberating but not at an impasse?
Is the audiotape of a telephone conversation between defendant and minor victim, made by minor's mother without defendant's or minor's consent, admissible under A.R.S. § 13-3005 and 18 U.S.C. § 2511?
If police officers attempt to stop and arrest the driver of a vehicle and the driver returns to his driveway and enters the house, can the police search the vehicle incident to the arrest of the driver if he is arrested in the house two and a half hours later?
Does Article 2, Section 8 of the Arizona Constitution grant defendants charged with possessory crimes "automatic standing" to challenge the unlawfulness of a search or seizure?
Is failure to register as a convicted sex offender a continuing offense?
Does a defendant's previous conviction for possession of drug paraphernalia, a Proposition 200 offense, constitute a historical prior felony conviction for purposes of sentence enhancement?
Who is a person qualified to draw blood pursuant to A.R.S. § 28-1388?
1. Did the trial court abuse its discretion when it precluded as "speculative" the testimony of an expert witness for a criminal defendant that the probability of the occurrence versus non-occurrence of a superseding event was "equally unknown?"
2. In a vehicular manslaughter case, may the automobile in which the victim was a passenger qualify as a "dangerous instrument?"
Was the suppression of breath test evidence an excessive sanction in response to the Phoenix Crime Lab's prolonged failure to provide court-ordered discovery regarding tests performed on the breath-testing machine?
Must a trial court grant a defendant's motion to suppress evidence at trial if a justice of the peace sitting as a magistrate has previously granted defendant's motion to controvert a search warrant?
May a prosthetic device be a "dangerous instrument" within the meaning of the aggravated assault statute, A.R.S. § 13-1204(A)(2)?
Does the burden shifting provision of A.R.S. § 13-205(A) apply to the defense of justification-crime prevention under § 13-411(A) when considered in light of the exemption in § 13-205(B) that pertains to the presumption under § 13-411(C)?
Is A.R.S. § 13-2508(A) a victimless offense? If not, is the police officer in this matter a victim?
Can a prior conviction for personal drug possession in an amount below the "threshold" constitute a "historical prior felony conviction" under A.R.S. § 13-604(v)(1)?
Did the trial court err by refusing to suppress defendant's answers to police inquiries made after his arrest but prior to advising him of his Miranda rights and concerning an offense unrelated to the one underlying the arrest?
Under Proposition 200 and A.R.S. § 13-901.01(E), may a trial court reinstate a Proposition 200 probation violator on unsupervised probation for only one year, even though his original standard probation term was for three years?
Do Arizona Rule of Civil Procedure 6 and Arizona Rule of Criminal Procedure 1.3 apply to Arizona Revised Statutes section 28-1385 to extend the fifteen-day statutory deadline in which to request an administrative review of a driver's license suspension to the following business day?
Whether a defendant who has violated his mandatory probation under Proposition 200 may choose to reject any further probation?
Was the state required to present evidence permitting a reasonable inference of the "sale" element necessary to establish the corpus delecti before the trial court could properly admit Flores' statements of intent to sell or transport drugs?
Does an individual who pleads guilty and has been sentenced retain the Fifth Amendment right to refuse to testify during the time period in which the individual may file an initial petition for post-conviction relief?
Does A.R.S. § 13-503 preclude a criminal jury from considering, as relevant to the question of requisite state of mind, whether a criminal defendant was temporarily intoxicated as a result of the non-abusive consumption of prescription drugs?
Is A.R.S. § 28-708(A) unconstitutionally vague?
1. Did the trial court wrongfully strike for cause a qualified prospective juror and fail to strike an unqualified juror?
2. Did the trial court err in not severing Defendant's trial from those of other co-defendants and denying a motion for mistrial after a co-defendant's incriminating statement was admitted into evidence?
3. Does the prosecutor's alleged misconduct during closing argument require reversal?
1. Does fundamental error exist when the trial court imposes a lawful sentence but uses an incorrect sentencing range?
2. Can a § 13-604.02(B) allegation (that defendant committed the present felony while on parole from a prior felony) be decided by the trial judge rather than a jury?
Does A.R.S. § 13-3513, which prohibits the sale of materials harmful to minors from vending machines, violate the First Amendment?
Is A.R.S. § 13-1101(1), Arizona's premeditation statute void for vagueness?
Is § 18-11(b) of the Scottsdale City Code unconstitutional because it contains an irrebuttable presumption?
Did the instruction on self-defense create fundamental error?
Does A.R.S. § 28-1381 (driving while there is a dangerous drug in the driver's body) violate due process as applied to this individual since the statute fails to give a person notice that his ingestion of a legal product also constituted the ingestion of a dangerous drug because as the legal product is processed by the human body it metabolizes into that dangerous drug?
1. Does A.R.S. § 13-604.04(A), requiring the state to allege prior to trial that a defendant committed a violent crime, apply to Proposition 200 offenses?
2. Did the trial court err by terminating the defendant's probation after he violated its terms rather than continuing it and imposing additional terms?
Did the trial court err by denying defendant's motion to dismiss a prospective juror for cause?
Does Proposition 200 (A.R.S. § 13-901.01) apply to promoting prison contraband?
Should the defendant's sentence be vacated because the trial court, rather than the jury, determined that the defendant was released on bond for a separate felony offense when the defendant committed the crime for which he was convicted?
Did the trial court err by refusing to instruct the jury on entrapment? No.
Whether the finding that the kidnapping victims were voluntarily released unharmed, a determination resolving whether the offense is a class 2 or class 4 felony, is a factual decision for the jury according to the rationale of Apprendi v. New Jersey, 530 U.S. 466 (2000)?
Must uncharged act evidence be screened for admissibility pursuant to Rules 403 and 404(c) of the Arizona Rules of Evidence even when the evidence is offered to establish that a defendant charged with a sexual offense had a lewd disposition toward a particular victim?
Did the warrantless search of defendants' hotel room violate the Fourth Amendment (1) given prior private search by hotel management, and/or (2) did the defendants have an ongoing privacy interest in the room following the noon checkout time?
May a defendant who has been found guilty except insane for two criminal offenses be committed to the Arizona State Hospital for consecutive terms pursuant to A.R.S. sections 13-502(D) and 13-3994?
1. Does A.R.S. section 13-205(A), which assigns the burden of proving justification to the defendant, violate the Arizona Due Process Clause?
2. Did defendant invite error by requesting an erroneous instruction on the use of deadly force in defending another?
Does the aggravated DUI statute only require that the driver operate her vehicle while her license is restricted, rather than in violation of a specific restriction, at the time of arrest for DUI?
Should presentence incarceration credit apply to reduce the commitment term of one found guilty except insane?
When a lawyer gives both a valid reason and an invalid discriminatory reason for a peremptory strike, does the invalid reason taint the entire juror selection process?
Does Proposition 200 (A.R.S. section 13-901.01) apply to personal possession of a controlled substance within a drug free school zone?
May the court consider a prior felony conviction more than ten years old, but within ten years after subtracting time spent while incarcerated on other convictions, in sentence enhancement?
Must the State allege before trial, pursuant to A.R.S. section 13-604.04, that a defendant has been convicted of a violent crime that would render him or her ineligible for probation pursuant to A.R.S. section 13-901.01(B)?
Does Batson extend to a prospective juror's religious membership or affiliation as opposed to personal beliefs premised on religious convictions?
1. Must the jury be instructed that defendant "acted without lawful authority" when charged with theft by control of property?
2. Was it error to instruct the jury that it should not consider the validity of documents related to the dealings between defendant and victim?
3. Was it error to allow a detective to testify as an expert on "elderly abuse" regarding characteristics of victims and perpetrators?
A.R.S. section 13-2923(A)(1) proscribes conduct that would cause, and in fact does cause, a reasonable person to fear for his/her safety. Subsection (A)(2) of the statute proscribes conduct that would cause, and in fact does cause, a reasonable person to fear physical injury or death. Is fearing for one's own safety the equivalent of fearing physical injury or death?
When a defendant has been charged with premeditated murder and, in the alternative, felony murder, and the jury finds him guilty of both felony murder and of a lesser-included offense of premeditated murder, does the trial court err by accepting the verdicts and sentencing him only for the felony murder?
Did the trial court err by failing to preclude defendant's statements to his "jailhouse lawyer" pursuant to State v. Melendez, 172 Ariz. 68, 834 P.2d 154 (1992)?
Is a probation condition that petitioner have "no contact with any child" unconstitutionally vague or overbroad?
Do the probationary reinstatement requirements of A.R.S. section 13-901.01 apply to a person whose probation violation consisted of a drug use offense within the ambit of the statute, but whose original offense -- the one for which he was first put on probation -- was a drug sale outside the ambit of the statute?
Can a defendant's juvenile dispositions entered prior to the effective date of amendments to A.R.S. section 8-207(B) (allowing juvenile dispositions to be used in subsequent criminal cases) be used to find him a "chronic felony offender" pursuant to A.R.S. section 13-501(B) and subject to trial as an adult?
Is conviction for the possession of chemicals and equipment for manufacturing dangerous drugs a lesser-included offense of manufacturing dangerous drugs?
Can invalid portions of a search warrant be severed from valid portions?
Must a defendant target, focus upon, or prey upon a child younger than fifteen in order for the dangerous crimes against children sentencing enhancement to lawfully be applied?
1. Did the trial court err by precluding evidence of the victim's criminal convictions?
2. Did the trial court err by instructing the jury that disorderly conduct under A.R.S. section 13-2904(A)(6) is a lesser-included offense of the two aggravated assaults charged against him?
3. Did the trial court err by imposing consecutive sentences for the convictions?
4. Because only two victims were allegedly disturbed, did the defendant's convictions for three counts of disturbing the peace violate his right to be free from double jeopardy?
5. Did the trial court grant the defendant the correct amount of pre-sentence incarceration credit?
May the police, incident to an arrest of a driver, search the pockets of a passenger's pants packed in a backpack that is found in the vehicle's passenger compartment, even though the police have no indication that either weapons or evidence of the suspected offense are contained in the pockets?
1. May a defendant base a colorable claim of ineffective assistance of counsel upon the assertion that he rejected a favorable plea bargain as a result of deficient advice by his lawyer, who failed to properly evaluate the relative merits of the offer compared to the defendant's chances at trial?
2. Does the trial court have the power to fashion a remedy for such an injury if, after rejecting the plea offer, the defendant received a fair trial?
3. Would it violate separation of powers if, in the exercise of remedial authority under such circumstances, the trial court ordered the State to reinstate the original plea agreement?
Is the Mesa City Ordinance proscribing the residential use of a building zoned for business or industrial purposes vague or overbroad?
Must there be an ongoing custody proceeding before a person can be charged with custodial interference under A.R.S. section 13-1302(A)(2)?
Does there need to be a nexus between a weapon and drugs for A.R.S. section 13-3102(A)(8)?
Does the absence of an actual victim on a conviction for attempted sexual conduct with a minor mean that the crime cannot be designated a dangerous crime against children in the second degree?
Did the legislature intend that the sentence enhancement schedule in section 13-702.02 apply to all Hannah-prior situations, or to just the typical situation, in which offenses were consolidated for trial?
Although a vehicular passenger lacks standing to raise a Fourth Amendment objection to a search of the vehicle, does such a passenger have standing to object to an investigative stop of the vehicle?
Does Phoenix City Code chapter 39, article 2, section 39-7(A), prohibiting accumulation of garbage, debris, rubble, etc., on exterior premises or vacant land violate substantive due process?
Did the trial court err in substituting two excused, alternate jurors after two deliberating jurors were discharged for misconduct?