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State Courts -
Arizona - July 25 - August 10, 2005
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State v. Ruggiero, 2 CA-CR 2004-0063,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, August 10, 2005, Filed
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Overview: In reviewing manslaughter conviction, trial court did not err in denying requested justification instruction because defendant failed to show, as required by Ariz. Rev. Stat. ¿ 13-411, that deadly force was immediately necessary to prevent daughter's molestation. Fundamental error occurred at sentencing, but defendant did not show prejudice.
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