context: Consistent with Singleton, there is a significant body of cases from the Arizona Supreme Court leading to the conclusion that almost any error falls within Article 6, Section 27 and therefore must be analyzed for prejudice to see whether substantial justice has been done.
citation_a.signal: no signal
citation_a.identifier: 68 P.3d 424, 424
citation_a.parenthetical: noting that "most trial error, and even most constitutional error, is reviewed for harmless error" and that "the Arizona Constitution and the Arizona harmless error statute obligate us to review trial error in criminal cases under a harmless error standard"
citation_a.sentence: Hickman, 205 Ariz. at 198, ¶ 28, 68 P.3d at 424 (noting that “most trial error, and even most constitutional error, is reviewed for harmless error” and that “the Arizona Constitution and the Arizona harmless error statute obligate us to review trial error in criminal cases under a harmless error standard”); see e.g., State v. Diaz, 110 Ariz. 32, 35-36, 514 P.2d 1028, 1031-32 (1973) (applying Arizona’s constitutional prejudice test and holding that the trial judge’s comment on the evidence in violation of Article 6, Section 27 was not prejudicial, requiring reversal); Blackburn v. State, 31 Ariz. 427, 450, 254 P. 467, 475 (1927) (finding the fact that the defendant was absent from a portion of trial without having waived his right to be present “did not constitute reversible error unless his rights were prejudiced thereby,” and holding that notwithstanding the “error,” “there [was] nothing from which prejudice [could] be inferred”). But see State v. Brooks, 103 Ariz. 472, 445 P.2d 831 (1968) (finding error to be prejudicial and thus reversible under Article 6, Section 27, of the Arizona Constitution, when the trial court gave an instruction on “lying in wait” and there was no factual evidence supporting the instruction).
citation_b.signal: see
citation_b.parenthetical: finding error to be prejudicial and thus reversible under Article 6, Section 27, of the Arizona Constitution, when the trial court gave an instruction on "lying in wait" and there was no factual evidence supporting the instruction
citation_b.sentence: Hickman, 205 Ariz. at 198, ¶ 28, 68 P.3d at 424 (noting that “most trial error, and even most constitutional error, is reviewed for harmless error” and that “the Arizona Constitution and the Arizona harmless error statute obligate us to review trial error in criminal cases under a harmless error standard”); see e.g., State v. Diaz, 110 Ariz. 32, 35-36, 514 P.2d 1028, 1031-32 (1973) (applying Arizona’s constitutional prejudice test and holding that the trial judge’s comment on the evidence in violation of Article 6, Section 27 was not prejudicial, requiring reversal); Blackburn v. State, 31 Ariz. 427, 450, 254 P. 467, 475 (1927) (finding the fact that the defendant was absent from a portion of trial without having waived his right to be present “did not constitute reversible error unless his rights were prejudiced thereby,” and holding that notwithstanding the “error,” “there [was] nothing from which prejudice [could] be inferred”). But see State v. Brooks, 103 Ariz. 472, 445 P.2d 831 (1968) (finding error to be prejudicial and thus reversible under Article 6, Section 27, of the Arizona Constitution, when the trial court gave an instruction on “lying in wait” and there was no factual evidence supporting the instruction).