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