holding that State could introduce tape made by deceased complainant during deadly assault because the tape recorded events confirmed by other circumstantial evidence of the crime.
How later courts described this case
- holding that State could introduce tape made by deceased complainant during deadly assault because the tape recorded events confirmed by other circumstantial evidence of the crime.
- recognizing that, before a reviewing court may engage in fundamental error analysis, it must first find the trial court committed some error
- recognizing that before a reviewing court engages in fundamental error review, it must first conclude the trial court committed some error
- explaining this court “must first find that the trial court committed some error” before it engages in fundamental error analysis
Written by the judges who cited it.
The opinion
MOELLER, Justice,
specially concurring in part.
I concur in all portions of the majority’s opinion except that portion entitled “D. Proportionality Review” which, in my view, is unnecessary. See the concurring opinions of Justices Corcoran and Moeller in State v. White, 168 Ariz. 500 , 815 P.2d 869 (1991).