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   State Courts - Arizona - March 12 - March 19, 2003

  
State v. Thompson, Arizona Supreme Court No. CR-01-0435-PR, SUPREME COURT OF ARIZONA, March 12, 2003, Filed
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Overview: Although trial court erroneously instructed the jury as to premeditation, the supreme court determined that the erroneous instruction had no affect upon the verdict, and affirmed defendant's murder conviction.

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State ex rel. Dep't of Econ. Sec. v. Burton, 1 CA-CV 02-0497, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, March 13, 2003, Filed
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Overview: By placing the issue of support before the Arizona court, the father submitted to its jurisdiction as to all issues concerning support. The father did not provide evidence that the trial court erred in denying his modification of child support.

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In re Property Located at 6757 S. Burcham Ave., 2 CA-CV 2002-0092, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, March 17, 2003, Filed
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Overview: Appellate court had jurisdiction to hear an appeal from a real property forfeiture, as the statutory requirement that appellant notify the attorney general with notice of appeal was not a substantive barrier to his right to have his appeal heard.

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State v. Blakley, Arizona Supreme Court No. CR-00-0360-AP, SUPREME COURT OF ARIZONA, March 17, 2003, Filed
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Overview: Insertion of a new predicate felony after all the evidence was in and the defense had rested constituted reversible error, and the prejudice caused by such late notice was obvious and deprived defendant of his constitutional right to a fair trial.

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State v. Montano, Arizona Supreme Court No. CR-99-0439-AP, SUPREME COURT OF ARIZONA, March 17, 2003, Filed
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Overview: Where State acted reasonably and in good faith to procure witnesses' attendance and both witnesses testified and were cross-examined at preliminary hearing, the evidence was properly admitted and was sufficient evidence of first degree murder.

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In re Scott, Arizona Supreme Court No. SB-03-0019-R, SUPREME COURT OF ARIZONA, March 18, 2003, Decided
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McRae v. State/ADOT, Arizona Supreme Court No. CV-02-0334-PR, SUPREME COURT OF ARIZONA, March 18, 2003, Decided
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State v. Brown, 2 CA-CR 2001-0343, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, March 19, 2003, Filed
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Overview: Although defendant was entitled to his requested lesser-included offense instruction because shoplifting was a lesser-included offense to facilitate shoplifting, the trial court's error in denying the instruction did not require reversal.

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