Legal Opinion

State v. Mitchell

Court of Appeals of Arizona

Decided January 30, 2003No. 1 CA-CR 01-0447PublishedCited by 23 opinions

1Opinion of the Court

OPINION

GEMMILL, J.

¶ 1 May a suspect who has been handcuffed commit the crime of resisting arrest? After construing the phrase “effecting an arrest” in Arizona Revised Statutes (“A.R.S.”) section 13-2508 (1999), we answer this question in the affirmative.

¶ 2 Jason Eshum Mitchell appeals his conviction and sentence for resisting arrest, arguing that the trial court erred in denying his motion for judgment of acquittal and that the court erred in refusing to give his requested jury instruction. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 3 We view the evidence in the light…

2Cases cited18 opinions

  1. State v. BoltonArizona Supreme Court · 1995
  2. Zamora v. ReinsteinArizona Supreme Court · 1996
  3. State v. WilliamsArizona Supreme Court · 1993
  4. State v. MathersArizona Supreme Court · 1990
  5. State v. AultArizona Supreme Court · 1986

13 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. State v. FloresCourt of Appeals of Arizona · 2011
  2. State of Arizona v. Samkeita Jahveh JurdenArizona Supreme Court · 2016
  3. Nordstrom, Inc. v. Maricopa CountyCourt of Appeals of Arizona · 2004
  4. City of Phoenix v. HarnishCourt of Appeals of Arizona · 2006
  5. State v. LeeCourt of Appeals of Arizona · 2008

18 more not listed; retrieve them via the Exa API.

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