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State Courts -
Arizona - February 12 - March 4, 2004
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Winters v. Ariz. Bd. of Educ., 1 CA-CV 03-0147,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, February 12, 2004, Filed
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Overview: Evidence of five off-campus incidents, where a teacher was violent, including threats to children, was sufficient to support revocation of his teaching certificate, because it showed behavioral characteristics related to his fitness as a teacher.
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State v. Brown, 2 CA-CR 2003-0001,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, February 17, 2004, Filed
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Overview: In defendant's appeal from harassment conviction, judgment was affirmed; the harassment statute regulated neither constitutionally protected speech nor expressive conduct and, thus, did not implicate the First Amendment.
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In re Commitment of Conn, 2 CA-MH 2003-0004-SP,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, February 19, 2004, Filed
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Overview: In State's appeal of dismissal of civil commitment proceedings, judgment was reversed; sex crimes defendant admitted committing, in return for promise he would not be prosecuted, could form basis for opinion that he was sexually violent person.
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State v. Whitley, 1 CA-CR 02-0823,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, February 24, 2004, Filed
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Overview: As there was no evidence that defendant knew when jury would return verdict, knew of his right to be present, or that proceeding would continue in his absence if he failed to appear, trial court reversibly erred by receiving verdict in his absence.
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