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Arizona Supreme Court· 10/22/1998

State v. Lujan

Citations

  • 967 P.2d 123
  • 192 Ariz. 448
  • 281 Ariz. Adv. Rep. 6
  • 1998 Ariz. LEXIS 636
  • 1998 WL 736359

How courts have described this case

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

  • interpreting A.R.S. § 13-1407.E (Supp.2006), 2 which states “[i]t is a defense to prosecution pursuant to § ... 13-1410 that the defendant was not motivated by a sexual interest.”
  • addressing pre-1993, former § 13- 8 STATE V. HOLLE Opinion of the Court 1410 and, although citing § 13-1407(E), stating in dicta: “‘Knowingly molests’ not only requires that the defendant touch a child’s private parts but that the defendant be motivated by a sexual interest.”
  • defendant can call expert to testify generally about why victim of child molestation may fabricate accusations
  • prior sexual abuse evidence admissible when offered by defendant “to show motive, propensity, or ability to imagine or fabricate” and not to impugn or cast doubt on victim’s moral character
  • when facts of case raise questions of credibility or accuracy that might not be explained by experiences common to jurors — like reactions of child victims of sexual abuse — expert testimony on general behavioral characteristics of such victims should be admitted
  • “When the facts of the case raise questions of credibility or accuracy that might not be explained by experiences common to jurors—like the reactions of child victims of sexual abuse—expert testimony on the general behavioral characteristics of such victims should be admitted.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Feldman, Zlaket, Jones, Martone, McGregor

Read full opinion on CourtListener

Cited by

16 cases in this archive cite this case.

Cites

10 cases in this archive are cited by this case.

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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.