Court of Appeals of Arizona· 3/21/2013

State v. James

Citations

231 Ariz. 490
297 P.3d 182
656 Ariz. Adv. Rep. 4
2013 WL 1173887
2013 Ariz. App. LEXIS 40

How courts have described this case

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

noting that, when no timely objection is made, “the review on appeal is for fundamental error,” meaning the defendant “bears the burden to establish that (1) error exists, (2) the error is fundamental, and (3) the error caused him prejudice.”
reversing conviction for \reasonable apprehension\ aggravated assault, a crime requiring proof of intentional conduct, because court instructed jury on knowing and reckless culpable mental states
we determine prejudice based on the context of the case, including the evidence presented and the arguments made
explaining trial evidence is considered when assessing jury instructions

Source: CourtListener parenthetical corpus (CC0).

Judges: Hall, Swann, Thumma

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