Arizona, June, 2003, State Case law

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State Courts - Arizona - June 17 - June 26, 2003

Anderson v. Indus. Comm'n of Ariz., 1 CA-IC 02-0088, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, June 17, 2003, Filed
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Overview: Statute requiring suspension of workers' compensation benefits during period of incarceration applied to workers' compensation claimant whose award was final prior to statute's effective date, but whose criminal act was committed after that date.

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Goy v. Jones, 1 CA-SA 03-0087, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, June 17, 2003, Filed
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Overview: A law enforcement officer was permitted to read his report during the driver's trial, where she was not tried for her offense for six years after her arrest and the report was the best evidence of the officer's perceptions at the time.

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State v. Johnson, 1 CA-CR 01-0204, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, June 17, 2003, Filed
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Overview: Trial court's jury instruction on transferred intent was erroneous, where it permitted State to argue that defendant's intent to shoot police officer could have been transferred to serve as intent for convictions of aggravated assault on bystanders.

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State v. Padilla, 1 CA-CR 02-0715 RT, 1 CA-CR 02-0725 RT, 1 CA-CR 02-0726 RT, (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, June 19, 2003, Filed
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Overview: Because it was not possible to commit theft of means of transportation without also committing unlawful use of means of transportation, unlawful use was lesser-included offense of the theft offense and jury instruction to that effect was not error.

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Ariz. Libertarian Party, Inc. v. Bd. of Supervisors, 2 CA-CV 2002-0174, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 23, 2003, Filed
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Overview: A finding against the Arizona Libertarian Party was improper, where it was entitled to continued State representation and thus was required to elect its precinct committeemen in the counties.

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Montero v. Hon. Foreman/State, 1 CA-SA 02-0337, COURT OF APPEALS OF ARIZONA, DIVISION ONE, June 23, 2003, Decided
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Potter v. Adot, 1 CA-CV 02-0078, COURT OF APPEALS OF ARIZONA, DIVISION ONE, June 23, 2003, Decided
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State v. Casey, No. 1 CA-CR 00-0476, SUPREME COURT OF ARIZONA, June 25, 2003, Decided
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Overview: Self-defense remained viable defense, even though the burden of proof was on defendant. State proved beyond a reasonable doubt that defendant committed each element of aggravated assault, such that proof beyond reasonable doubt was satisfied.

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State v. Ibanez, 1 CA-CR 00-0821 RT, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, June 26, 2003, Decided , June 26, 2003, Filed
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State v. Reyna, 1 CA-CR 02-0592, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, June 26, 2003, Filed
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Overview: Motion to suppress evidence from a warrantless search of defendant's truck was properly denied because the Arizona Constitution did not require exigent circumstances where the search was based on probable cause.

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