Legal Opinion
State v. Tsosie
Court of Appeals of Arizona
Decided June 2, 1992No. 1 CA-CR 89-1608PublishedCited by 12 opinions
1Opinion of the Court
OPINION
CONTRERAS, Judge.
The state has appealed from the trial court’s dismissal of a two-count indictment against appellee (defendant) Roland Nez Tsosie upon a finding of prosecutorial vindictiveness. We have jurisdiction pursuant to Arizona Revised Statutes (“A.R.S.”) section 13-4032(1). Two issues are raised on appeal: (1) whether the trial court properly applied a presumption of vindictiveness; and (2) if so, whether the trial court acted within its discretion in dismissing the entire indictment as a sanction.
1. FACTS 1
Defendant was arrested on December 10, 1988, following a fight at a…
2Cases cited20 opinions
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- Blackledge v. PerrySupreme Court of the United States · 1974
- United States v. GoodwinSupreme Court of the United States · 1982
- Thigpen v. RobertsSupreme Court of the United States · 1984
- Bobby Hardwick v. Ollie Doolittle, Jailer and William Anderson, SheriffCourt of Appeals for the Fifth Circuit · 1977
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3Cited by12 opinions
- State v. KorumWashington Supreme Court · 2006
- Bird v. StateCourt of Appeals of Arizona · 1995
- State v. MiegCourt of Appeals of Arizona · 2010
- State v. BrunCourt of Appeals of Arizona · 1997
- In re the Appeal in Maricopa CountyCourt of Appeals of Arizona · 1993
7 more not listed; retrieve them via the Exa API.