· 4/11/2012
State v. Ferrero
Citations
- 274 P.3d 509
- 229 Ariz. 239
- 2012 WL 1192220
- 2012 Ariz. LEXIS 95
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting “[t]he state must prove that the defendant committed the other act” and citing State v. Terrazas, 189 Ariz. 580, 584, 944 P.2d 1194, 1198 (1997), as source of heightened standard of proof
- reversing defendant’s conviction due to improper admission of evidence of uncharged act and holding that when the State offers evidence of the defendant’s aberrant sexual propensity, “the trial court must screen it under Rule 404(c).”
- courts must grant a request to give a limiting instruction when other-act evidence has been admitted
- “[Rule] 404(b) prohibits evidence of other crimes, wrongs, or acts to prove the defendant’s character to act in a certain way.”
- “Henceforth, evidence is intrinsic in Arizona if it (1) directly proves the charged act, or (2) is performed contemporaneously with and directly facilitates commission of the charged act.”
- when evidence of a prior similar sex offense committed against the same child is offered to prove a defendant’s aberrant propensity to commit the charged sexual offense, “the evidence must be screened under Rule 404(c)” before it is admitted
Source: CourtListener parenthetical corpus (CC0).
Judges: Andrew, Bales, Berch, Brutinel, Hurwitz, John, Pelander, Robert, Scott
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.