Court of Appeals of Arizona· 12/17/2013

State v. Dickinson

Citations

233 Ariz. 527
314 P.3d 1282
676 Ariz. Adv. Rep. 10
2013 WL 6631464
2013 Ariz. App. LEXIS 249

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that an instruction that improperly relieves the state of its burden of proving an element of an offense is fundamental because it goes to the foundation of the case
explaining that a defendant “must affirmatively prove prejudice and may not rely upon speculation to carry his burden” (citation modified)
stating that a defendant claiming fundamental error “must affirmatively ‘prove prejudice’ and may not rely upon ‘speculation’ to carry 8 STATE v. BAKER Decision of the Court his burden”
finding that the error may be fundamental in one case but not in another
finding that the error may be fundamental in one case but not in another
noting on fundamental error review, defendant must affirmatively prove prejudice by referring to facts in the record and may not rely upon speculation

Source: CourtListener parenthetical corpus (CC0).

Judges: Thumma

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