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State Courts -
Arizona - January 28 - February 4, 2003
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State v. Olcan, 1 CA-CR 01-1069,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, January 28, 2003, Filed
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Overview: Defendant should have been granted reasonable opportunity to arrange for competent person to draw independent sample of defendant's blood and analyze that sample, regardless whether State collected, analyzed, and preserved its own sample.
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Otel H. v. Barton, 1 CA-SA 02-0153,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, January 30, 2003, Filed
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Overview: Judicial finding of probable cause could not be based on merely the officer's asserted belief that accused committed the offense, and certification by officer, standing alone, was insufficient to support judicial finding of probable cause.
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State v. Gonzales-Perez, 2 CA-CR 2001-0067,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, January 30, 2003, Filed
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Overview: Trial court erred when it dismissed case against defendants with prejudice, where they had not demonstrated, nor had the record reflected, that they were prejudiced by the State's delays and discovery violations and State had not acted in bad faith.
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