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   State Courts - Arizona - September 20 - September 26, 2001

  
Kurti v. Maricopa County, 1 CA-CV 01-0055, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, September 20, 2001, Filed
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Overview: Statutes restricting access by indigents qualified aliens to non-emergency health care services in Arizona as a whole and in Maricopa County violated equal protection, as they were more restrictive than federal statutes.

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State v. Hensley, 1 CA-CR 00-0508, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, September 20, 2001, Filed
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Overview: Defendant was eligible for probation under Proposition 200 because the State failed to allege and prove the prior violent convictions, but the trial court erred in terminating defendant's probation, rather than imposing additional terms.

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Urs v. Maricopa County Atty's Office, 1 CA-CV 01-0144, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, September 20, 2001, Filed
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Overview: Reckless driving was a jury-eligible offense at common law, and defendant's right to a jury trial was thus guaranteed by the Arizona Constitution.

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Young v. Johnson, 1 CA-CV 00-0159, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, September 20, 2001, Filed
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Overview: Dismissal of a juror without a sound basis deprived defendant of the essential right to a jury trial. As it was impossible to determine the extent of any prejudice to defendant, the appellate court had to presume prejudice.

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In re An Inactive, No. 00-2046, SUPREME COURT OF ARIZONA, September 21, 2001, Decided , September 21, 2001, Filed
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Mix v. Villarreal, Arizona Supreme Court No. CV-01-0284-PR, SUPREME COURT OF ARIZONA, September 24, 2001, Decided , September 24, 2001, Filed
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City of Tempe v. Outdoor Sys., Inc., 1 CA-CV 00-0242, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, September 25, 2001, Filed
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Overview: City ordinance which forbade any alteration of nonconforming property was in conflict with Arizona's zoning laws. The offending section of the ordinance was severed, and the billboard improvements were lawful.

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In re 1996 Nissan Sentra, 2 CA-CV 00-0162, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, September 25, 2001, Filed
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Overview: Trial court erred in granting car owner's cross-motion for summary judgment in a civil in rem forfeiture action against owner's car; fact that the state did not charge owner under the racketeering law was of no consequence.

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State v. Boyd, 1 CA-CR 00-0761, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, September 25, 2001, Filed
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Overview: Defendant's due process right was violated and his conviction, for having a dangerous drug or its metabolite in his body, was reversed where he did not have notice that legal substance he had taken metabolized into statutorily proscribed one.

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State v. Bass, 2 CA-CR 00-0237, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, September 26, 2001, Filed
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Overview: Evidence that defendant engaged in sexually explicit internet conversations and planned to meet with detective who he thought was 13 year-old girl, was sufficient to sustain his conviction of conspiracy to commit sexual conduct with a minor.

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