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   State Courts - Arizona - September 2 - September 8, 2003

  
State ex rel. Romley v. Rayes, 1 CA-SA 03-0152, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, September 2, 2003, Filed
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Overview: Constitutional and statutory provisions precluding bail for sexual conduct with a minor, upon a proper showing of indicia of guilt, did not constitute cruel and unusual punishment nor unlawful ex post facto laws.

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State v. Akins, 1 CA-CR 02-0963, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, September 2, 2003, Filed
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Overview: Suppression of evidence was affirmed when the statute was unconstitutionally vague because it failed to provide reasonable notice to passengers or others of what evidence of identity was required to avoid violation of the statute.

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State v. Huerstel, Arizona Supreme Court No. CR-01-0103-AP, SUPREME COURT OF ARIZONA, September 2, 2003, Filed
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Overview: In a murder case, the trial court coerced a guilty verdict by giving a premature impasse instruction and singling out a holdout juror, who strongly favored acquittal, with an inquiry as to whether the holdout juror would like any issues reargued.

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State v. Prasertphong, Arizona Supreme Court No. CR-01-0100-AP, SUPREME COURT OF ARIZONA, September 2, 2003, Filed
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Overview: In a murder case, evidence obtained during a warrantless search of defendant's impounded truck was admissible because the police had probable cause, based upon defendant's confession, to believe that a weapon would be located in the truck.

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Univ. Physicians, Inc. v. Pima County, 1 CA-TX 02-0006, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, September 4, 2003, Filed
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Overview: Medical school's nonprofit corporation may have been charitable institution for relief of afflicted, but all its properties were not necessarily qualified for tax exemption; only those used principally to provide relief to the afflicted were exempt.

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State v. Cropper, Arizona Supreme Court No. CR-00-0544-AP, SUPREME COURT OF ARIZONA, September 5, 2003, Filed
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Overview: Defendant's death sentence was vacated, and remanded for resentencing as the state supreme court could not conclude that all juries would have found that the State established the especially cruel aggravating circumstance beyond a reasonable doubt.

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State v. Ring, Arizona Supreme Court No. CR-97-0428-AP, SUPREME COURT OF ARIZONA, September 5, 2003, Filed
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Overview: Defendant's sentence of death was vacated; trial judge's finding that defendant committed the murder for pecuniary gain was based on testimony of a co-defendant who had credibility issues and jury could find that State had not proved this factor.

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Kennedy v. City of Tucson, 2 CA-CV 2002-0053, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, September 8, 2003, Decided
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