Court of Appeals of Arizona· 8/22/1991

State v. Hernandez

Citations

823 P.2d 1309
170 Ariz. 301
93 Ariz. Adv. Rep. 39
1991 Ariz. App. LEXIS 199

How courts have described this case

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

holding statements not hearsay when not offered for truth of the matter asserted but rather only to show how “events unfolded”
finding of cruelty based on suffering for as long as it took to place a pillow over the victim’s head, chamber a round in a bolt action rifle, and fire it
assuming trial court found defendant had made a prima facie case where trial court asked state to explain its strikes
noting that truth of admitted statements was not at issue
“[s]triking a prospective juror because of perceived or anticipated fatigue is acceptable”
noting the superior court “is in a position to observe matters that cannot be captured by a written appellate record” and holding a prosecutor may exercise peremptory selections based upon factors that “reflect attitude,” including facial expressions

Source: CourtListener parenthetical corpus (CC0).

Judges: Ehrlich, Fidel, Taylor

Read full opinion on CourtListener

Cited by

35 cases in this archive cite this case; the 20 most cited are listed.

Cites

48 cases in this archive are cited by this case; the 20 most cited are listed.

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