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   State Courts - Arizona - October 14 - October 30, 2003

  
In re Det. of Stephen H., 1 CA-MH 02-0017SP, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, October 14, 2003, Filed
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Overview: Commitment under Arizona's Sexually Violent Persons Act was reinstated, as the State adequately demonstrated that the patient lacked control because of a mental disorder, not a voluntary choice, making him likely to commit sexually violent acts.

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Johnson v. Mohave County, 1 CA-CV 03-0072, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, October 14, 2003, Filed
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Overview: The intergovernmental agreement between governmental entities was not subject to the statutory public auction requirement; therefore, the absence of a public auction did not require the unanimous consent of the county board of supervisors.

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State v. Montano, Arizona Supreme Court No. CR-99-0439-AP, SUPREME COURT OF ARIZONA, October 21, 2003, Filed
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Overview: Defendant's death sentence was improper where the especially cruel finding regarding the victim's death was not harmless beyond a reasonable doubt.

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Behrens v. O'Melia, 1 CA-SA 03-0146, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, October 23, 2003, Filed
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Overview: Trial court did not abuse its discretion in granting the change of venue because the trial court had good and sufficient cause to transfer the suit against defendants so that it could be consolidated with the ongoing action against the City.

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Avila v. Biedess, 1 CA-CV 02-0648, 1 CA-CV 02-0741, (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, October 28, 2003, Filed
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Overview: Court erred in awarding judgment to aliens in action against Arizona Health Care Cost Containment System challenging constitutionality of state law limiting eligibility for Arizona's Medicaid program, because the law did not violate equal protection.

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State v. Dann, Arizona Supreme Court No. CR-02-0042-AP, SUPREME COURT OF ARIZONA, October 29, 2003, Filed
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Overview: Defendant's death penalty sentence was vacated where it was imposed pursuant to an unconstitutional procedure, and the court could not say that the trial court's finding that the mitigating factors were insufficient for leniency was harmless error.

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E. Vanguard Forex, LTD v. Ariz. Corp. Comm'n, 1 CA-CV 01-0476, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, October 30, 2003, Filed
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Overview: The Arizona Corporation Commission's determination that three officers of currency trading firms were presumptively liable for controlling person liability under state law, where scienter was not required, was supported by substantial evidence.

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State v. Cabanas-Salgado, 1 CA-CR 02-0456, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, October 30, 2003, Filed
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Overview: Defendant's felony murder conviction was affirmed, where the conviction was based on the underlying charge of transportation of cocaine for sale; the State of Arizona did not have to prove that defendant how much cocaine was being transported.

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State v. Davis, Arizona Supreme Court No. CR-01-0423-PR, SUPREME COURT OF ARIZONA, October 30, 2003, Filed
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Overview: Defendant's 52-year sentence for four counts of sexual misconduct with a minor was grossly disproportionate to his crimes, because the post-pubescent victims were willing participants. They sought out defendant by voluntarily going to his home.

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