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   State Courts - Arizona - September 24 - October 10, 2008

  
In re Childers, Supreme Court No. SB-08-0115-D, SUPREME COURT OF ARIZONA, September 24, 2008, Decided, September 24, 2008, Filed
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In re Groh, Supreme Court No. SB-08-0095-D, SUPREME COURT OF ARIZONA, September 24, 2008, Decided, September 24, 2008, Filed
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In re Ryan, Supreme Court No. SB-08-0118-RD, SUPREME COURT OF ARIZONA, September 24, 2008, Decided, September 24, 2008, Filed
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In re Wirth, Supreme Court No. SB-08-0110-D, SUPREME COURT OF ARIZONA, September 24, 2008, Decided, September 24, 2008, Filed
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Wilhelm v. Brewer, Arizona Supreme Court No. CV-08-0269-AP/EL, SUPREME COURT OF ARIZONA, September 25, 2008, Filed
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Overview: Although an elector argued that a ballot measure violated title requirements of Ariz. Const. art. 4, pt. 1, ¿ 1(9) and Ariz. Rev. Stat. ¿ 19-112(B), the petition bore the heading of "title" and provided that the measure was to be cited as the "Homeowners' Bill of Rights." Title was clearly denominated as such and was contained in its own section.

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Prince & Princess Enters., LLC v. State ex rel. Ariz. Dep't of Health Servs., 1 CA-CV 08-0151 A, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, September 30, 2008, Filed
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Overview: Trial court erred by holding that tobacco retailer was not entitled to the benefit of the retail tobacco store exception in the Smoke-Free Arizona Act, Ariz. Rev. Stat. ¿ 36-601.01, because it sold alcohol for consumption on and off the premises. Retailer had to prove that it derived the majority of its sales from tobacco products and accessories.

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Papazian v. Weiss, 1 CA-SA 08-0165, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, October 2, 2008, Filed
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Overview: Special action relief was denied in a case where defendant was convicted of misdemeanor theft because he had no right to a jury trial under the Sixth Amendment or under Ariz. Const. art. 2, ¿ 24 since the offense was not serious; moreover, he failed to request a jury trial under Ariz. Rev. Stat. ¿ 22-320, and it was not unconstitutional.

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In re Wirth, Supreme Court No. SB-08-0110-D, SUPREME COURT OF ARIZONA, October 9, 2008, Decided, October 9, 2008, Filed
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State v. Stummer, Arizona Supreme Court No. CR-07-0429-PR, SUPREME COURT OF ARIZONA, October 9, 2008, Filed
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Overview: In a case in which petitioners were charged with violating Ariz. Rev. Stat. ¿ 13-1422, which prohibited adult bookstores from remaining open during certain early morning hours, the State met its burden of demonstrating that the hours provision was designed to curb the secondary effects of speech, not to prohibit the speech itself.

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In re Maggiore-Conner, Supreme Court No. SB-08-0140-D, SUPREME COURT OF ARIZONA, October 10, 2008, Decided, October 10, 2008, Filed
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