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State Courts -
Arizona - December 10 - December 22, 2004
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Waters v. O'Connor, 1 CA-SA 04-0140,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, December 14, 2004, Filed
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Overview: Statements made by defendant to the volunteer music minister at her church, who was a close friend, were not subject to the clergy-penitent privilege, as the minister was not a clergyman.
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State v. Gatliff, 1 CA-CR 03-0810,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, December 16, 2004, Filed
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Overview: Where the jury convicted defendant of arson, it represented a finding that he committed a dangerous offense; therefore, the dangerousness finding permitted an aggravated sentence, eliminating the need for a separate finding on dangerousness.
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State v. Oaks, 2 CA-CR 2002-0386,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, December 22, 2004, Filed
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Overview: Trial court did not err in giving instruction holding juvenile defendant to an objective, adult standard of conduct because statute required that juvenile offenders, 15 years old or older, be prosecuted for violent offenses in same manner as adults.
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