Home
1997
- 43rd Legislature
HB2408 - The "innocent until proven guilty" 1997 law.
Look for 13-103, 13-205.
Did anyone read ARS
13-115. Presumption of
innocence and benefit of doubt; degrees of guilt? Was this in
conflict prior to SB1145 (2007)? YES!
Innocent-Unless-Proven-Guilty Restored in Arizona !!
Gun Law Update 2006 AZ
Arizona Castle Doctrine explained - In plain English
Closer look at AZ "Castle Doctrine" bill
Payson
Roundup
Dateline's "Trail of Evidence"
"Trail of Evidence"
transcript
Jury
Nullification
Google
News: Harold Fish
...about the
Webmaster
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To see SB1166 on the
Arizona State Legislature's website, <Click
Here>
History: The Arizona State Legislature passed SB1145 in 2006 which
changed self defense cases from "guilty until proven innocent"
back to "innocent until proven guilty." This bill had an
emergency clause to it for the purpose of applying directly to cases such
as Hal Fish's. (See Minutes from Committee of Judiciary in the link
to the left. Hal Fish's case was a major consideration and the
purpose of the emergency clause.)
In State vs. Garcia, the Supreme Court ruled that the language in SB1145
was not clear enough for them to consider the intent of the law to have
been retroactive.
To clarify the language of SB1145, SB1302 was passed by the
legislature, but vetoed by the governor for reasons that she states in her
veto letter. Her main complaint appears to be the unknown number of cases
that SB1302 would affect. Rather than taking the time (she had 90
days) to find out, she vetoed the bill.
SB1166 is narrower in scope. The number of cases is known and is
few.
They are listed below.
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Voting
Record for SB1302 and SB1166
Cases affected by SB 1166:
Key:
C = Class
F = Felony
DNR = Dangerous, non-repetitive
DOV = Date of Violation
GREEN HIGHLITE: No impact as cases receive benefit of April 24, 2006 enactment with either a post enactment date of violation or trial completed and retroactive benefit of enactment given at trial.
YELLOW HIGHLITE: No caseload impact as case is still pending trial
Not included in the caseload report:
- State v. Garcia
- State v. Fish
COCONINO COUNTY
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Case Name:
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State v. Perry Tyrone Parker
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Docket Number:
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1 - CA-CR 06-0589 (Appeal)
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Date of Violation:
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Pre April 24, 2006 enactment
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Brief Summary:
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Unknown
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Offense Info:
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First Degree Murder (1 count) and 2 counts Agg Assault
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| Trial Status:
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Completed after April 24, enactment
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| Case Status:
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Guilty – on Appeal re Defendant’s request for State Burden Denied
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If SB1302 were enacted it would NOT affect the Murder
Conviction only the 2 counts of Agg Assault – Defense Atty
believes state would likely dismiss 2 counts rather than retrial since
they have the murder conviction and no SB1302 benefits would
apply.
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Defense Attorney:
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Allen Gerhardt, Coconino County Public Defender
(928)779-6659
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COCHISE COUNTY
MARCH 2, 2007
NO CASE REPORTS AS OF 11:00 A.M.
MARICOPA COUNTY
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Case Name:
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State v. Thomas Dobben
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Docket Number:
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CR2005-135889
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Date of Violation:
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November 1, 2005
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Brief Summary:
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The case is awaiting trial – already in the que for trial
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Offense Info:
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Second Degree Murder
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Trial Status:
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Pending trial
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Case Status:
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Same
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Defense Attorney:
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Bob Storrs – (602) 258-4545
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Case Name:
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State v. Anton Louis
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Docket Number:
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CR2005-012373
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Date of Violation:
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Pre April 24, 2006 enactment
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Brief Summary:
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Unknown
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Offense Info:
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Unknown
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Trial Status:
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Pending
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Case Status:
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Same
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Defense Attorney:
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Vonda Wilkens, Maricopa County Public Defender
(480) 217-2016 Private Cell
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AND
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Case Name:
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State v. Jose Ortiz
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Docket Number:
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CR2006-140014
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Date of Violation:
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Post April 24, 2006 enactment
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Brief Summary:
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Unknown
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Offense Info:
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Unknown
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Trial Status:
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Pending
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Case Status:
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Case already receives benefit of April 24, 2006 enactment
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Defense Attorney:
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Vonda Wilkens, Maricopa County Public Defender
(480) 217-2016 Private Cell |
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Case Name:
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State v. Jeffrey White
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Docket Number:
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CR2006-100889
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Date of Violation:
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Pre April 24, 2006 enactment
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Brief Summary:
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Unknown
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Offense Info:
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Unknown
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Trial Status:
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Pending
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Case Status:
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Same
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Defense Attorney:
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Dan Patterson, Maricopa County Public Defender
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Case Name:
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State v. Joel Felix Cota
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Docket Number:
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CR2004-041834
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Date of Violation:
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Pre April 24, 2006 enactment
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Brief Summary:
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Unknown
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Offense Info:
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Unknown
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Trial Status:
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Pending
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Case Status:
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Same
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Defense Attorney:
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Jeff Fisher, Maricopa County Public Defender
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AND
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Case Name:
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State v. Joshua Brandon Langston
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Docket Number:
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CR2006-030023
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Date of Violation:
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June 2006
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Brief Summary:
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Unknown
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Offense Info:
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Unknown
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Trial Status:
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Pending
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Case Status:
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Pending - No Impact from SB1302
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Defense Attorney:
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Jeff Fisher, Maricopa County Public Defender
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Case Name:
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State v. Iiya E. Shimonov
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Docket Number:
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CR2006-008283
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Date of Violation:
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September 2, 2005
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Brief Summary:
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Court gave defendant benefit of April 24, 2006 enactment
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Offense Info:
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Unknown
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Trial Status:
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Completed – No Impact from SB1302
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Case Status:
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Defendant found GUILTY
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Defense Attorney:
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Harla Davison, Maricopa County Public Defender
(602) 506-7711
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Case Name:
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State v. Jose Manual Romero
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Docket Number:
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CR2005-014460 (1 CA-CR 06-0643
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Date of Violation:
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November 12, 2005
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Brief Summary:
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Defendant’s request for State Burden denied
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Offense Info:
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C3F Agg Assault
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Trial Status:
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June 13, 2006 - Completed
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Case Status:
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Appeal pending re benefit of April 24, 2006 enactment not given
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Defense Attorney:
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Chuck Krull, Appeals - Maricopa County Public Defender
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Case Name:
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State v. Sosefo Sili
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Docket Numbers:
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CR2005-032072
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Date of Violation:
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Pre April 24, 2006 enactment
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Brief Summary:
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Defendant’s request for State Burden Denied
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Offense Info:
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C3F Agg Assault Dangerous And C3Misdemeanor
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Trial Status:
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Completed Defendant Found NOT GUILTY OF FELONY
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Case Status:
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Pending Appeal - SB1302 would allow a retrial on the
Misdemeanor conviction
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Defense Attorney:
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Eric Crocker, Maricopa County Public Defender
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Case Name:
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State v. Charity E. Deatherage
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Docket Numbers:
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CR2005-123412
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Date of Violation:
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Pre April 24, 2006 enactment
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Brief Summary:
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Defendant’s request for State Burden Denied
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Offense Info:
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C2F Murder
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Trial Status:
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Pending trial in 2 weeks
(Webmaster note: As of the time I received this list)
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Case Status:
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Set for trial
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Defense Attorney:
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Eric Crocker, Maricopa County Public Defender
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Case Name:
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State v. Clifton Booker
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Docket Number:
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CR2003-016129-001
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Date of Violation:
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6/18/02 - Pre April 24, 2006 enactment
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Brief Summary:
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Guilty sentenced to DOC
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Offense Info:
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C3D
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Trial Status:
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Completed Guilty - Defendant’s request for State Burden Denied at trial |
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Case Status:
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Appeal Pending –
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Defense Attorney:
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Chad Shell - (602) 625-4906
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Case Name:
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State v. ___________
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Docket Number:
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CR2005__________
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Date of Violation:
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Pre April 24, 2006 enactment
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Brief Summary:
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Defendant requested Benefit of 4/24/06 enactment Comm. French
denied – SB1302 would impact this case on a Rule 32.
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Offense Info:
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Unknown
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Trial Status:
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Pending Appeal
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Case Status:
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Same
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Defense Attorney:
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Chad Shell – (602) 625-4906
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Case Name:
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State v. Sandra Luann Long
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Docket Number:
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CR2006-006410-001
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Date of Violation:
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1/7/06 - Pre April 24, 2006 enactment
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Brief Summary:
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Remanded to Grand Jury
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Offense Info:
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Unknown
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Trial Status:
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Pending Grand Jury remand/charging
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Case Status:
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Same
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Defense Attorney:
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Ken Huls (602) 279-5900
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Case Name:
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State v. Kenneth Woodfork
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Docket Number:
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CR2006-115499
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Date of Violation:
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Est. 3 weeks before Pre April 24, 2006 enactment
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Brief Summary:
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Offense Info:
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Unknown
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Trial Status:
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Pending Trial firm setting April 2007
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Case Status:
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Same
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Defense Attorney:
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Jennifer Stewart, Maricopa County Public Defender
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Case Name:
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State v. Jeremiah
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Docket Numbers:
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CR2006 -100143
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Date of Violation:
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1/1/06 - Pre April 24, 2006 enactment
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Brief Summary:
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Defendant’s request for State Burden Denied
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Offense Info:
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Unknown
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Trial Status:
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Pending Trial
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Case Status:
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Trial set for May 30, 2007
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Defense Attorney:
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Joel Thompson - Phillips & Associates
(602) 956-8191
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Case Name:
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State v. ___________
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Docket Numbers:
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CR200____________
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Date of Violation:
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APRIL 24, 2006 – SB1302 will not impact Defendant falls
under 4/24/06 enactment.
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Brief Summary:
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Unknown
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Offense Info:
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Unknown
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Trial Status:
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Pending Trial
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Case Status:
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Unknown
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Defense Attorney:
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Ken Breger
(602) 682-5582
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We are not sure if this is a Maricopa County case – Atty provided little information other than he had one that had a DOV on the original enactment date.
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Case Name:
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State v. Michael Colebeck 2006-008737-001
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Docket Number:
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CR2006-008737-001
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Date of Violation:
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November 5, 2005
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Brief Summary:
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One of two defendant Phoenix Police Officers charged
with assaulting a prisoner at a M. County Sheriff’s facility.
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Offense Info:
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Aggravated Assault
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Trial Status:
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Firm trial set for May 1, 2007
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Case Status:
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Prosecutor may offer designation of charge to a misdemeanor.
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Defense Attorney:
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Robert Kavanagh (480) 831-3040
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Case Name:
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State v. Hain V. Price
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Docket Number:
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CR2006-008737-002
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Date of Violation:
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November 5, 2005
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Brief Summary:
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One of two defendant Phoenix Police Officers charged
with assaulting a prisoner at a M. County Sheriff’s facility
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Offense Info:
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Aggravated Assault
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Trial Status:
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Firm trial set for May 1, 2007
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Case Status:
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Prosecutor may offer designation of charge to a misdemeanor.
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Defense Attorney:
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Stanley Slonaker (602) 258-1121
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MOHAVE COUNTY
The Mohave County Public Defender Office reports NO cases will be affected by the bill.
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Case Name:
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State v. Ramon Lopez
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Docket Number:
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Date of Violation:
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AFTER April 24, 2006 enactment – Retroactivity will not affect
this case.
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Brief Summary:
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Defendant protecting his family, himself and his home from
intoxicated thieves.
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Offense Info:
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Trial Status:
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Case Status:
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Defense Attorney:
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David G. Derickson (602) 277-6072
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PIMA COUNTY
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Case Name:
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State v. ___________
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Docket Number:
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CR2005__________
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Date of Violation:
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Pre April 24, 2006 enactment
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Brief Summary:
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Defendant driver of a car and the alleged victims were
attempting to enter the car to assault my client when he shot
two of them. Victims are gang bangers
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Offense Info:
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First Degree Murder
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Trial Status:
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Pending Trial
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Case Status:
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Same
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Defense Attorney:
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Steve Sherick, (520) 318-3939
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Case Name:
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State v. Eugene Riveria
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Docket Number:
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CR2005-3133
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Date of Violation:
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July 17, 2005 - Pre April 24, 2006 enactment
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Brief Summary:
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Set for Trial on 4/3/07
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Offense Info:
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Unknown
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Trial Status:
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Pending Trial
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Case Status:
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Same
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Defense Attorney:
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Rick Lougee (520) 882-2080
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Case Name:
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State v. D. Jesse Smith
David Garcia v. Browning
(SUPREME COURT OPINION IN FEB)
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Docket Number:
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CR2007-Wl419645 (Westlaw Numbr)
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Date of Violation:
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12/5/04 Pre April 24, 2006 enactment
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Brief Summary:
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Case just received S. Ct. Opinion in February 2007
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Offense Info:
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First Degree Murder
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Trial Status:
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Pending Trial
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Case Status:
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Same
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Defense Attorney:
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D. Jesse Smith and Anthony Payson II
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PINAL COUNTY
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Case Name:
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State v. Chance Lewis
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Docket Number:
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CR200__________
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Date of Violation:
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Pre April 24, 2006 enactment
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Brief Summary:
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Unknown
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Offense Info:
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Unknown
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Trial Status:
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Pending Trial
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Case Status:
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Same
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Defense Attorney:
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Chad Shell – (602) 625-4906
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YAVAPAI COUNTY
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Case Name:
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State v. Teresa Lee Hall
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Docket Number:
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CR2005-1251
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Date of Violation:
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October 9, 2005
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Brief Summary:
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The court gave the new self defense instruction but refused to give
defense of property protection (incident occurred in defendant’s
campsite in forest).
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Offense Info:
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Ten Counts: Acquitted on Counts 3 through 10 (see below)
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Trial Status:
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Completed November 2006
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Case Status:
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Notice of Appeal filed last week on Counts 1 and 2
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Outstanding
Charges via Appeal:
(1) C2DNR AggAsslt (serious injury); (2) C3DNR Agg Asslt
(deadly weapon
[shotgun];
Completed via Acquittal:
(3) C6DNR Endangerment; (4) C6DNR Endangerment; (5) C6DNR
Endangerment; (6) C6DNR Endangerment; (7) C6DNR Endangerment;
(8) C6DNR Endangerment; (9) C6DNR Endangerment; (10) C6DNR
Endangerment |
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Defense Attorney: |
James G. O’Haver, Yavapai County Public Defender
(928) 771-3 |
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Last Edited 05/03/2007
webmaster@haroldfishdefense.org
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