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State v. Saenz

Citations

  • 197 Ariz. 487
  • 4 P.3d 1030
  • 319 Ariz. Adv. Rep. 3
  • 2000 Ariz. App. LEXIS 52

How courts have described this case

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

  • discussing the requirement that a defendant must have exercised due diligence for “newly discovered evidence” to result in a new trial
  • moving to vacate a judgment before the court has entered judgment and sentence, is premature and cannot proceed
  • evidence not newly discovered unless \it could not have been discovered and produced at trial through reasonable diligence\
  • “Nor could [defendant] have proceeded under Rule 24.2 because a judgment of conviction and sentence had not yet been entered.”
  • “[U]nder Rule 32.1(e), a defendant must establish that the evidence . . . could not have been discovered and produced at trial through reasonable diligence . . . .”
  • “Nor could [defendant] have proceeded under Rule 24.2 because a judgment of conviction and sentence had not yet been entered. Like the petition for post-conviction relief, a motion to vacate the judgment would also have been premature.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brammer, Espinosa, Howard

Read full opinion on CourtListener

Cited by

3 cases in this archive cite this case.

Cites

19 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.