(DOWNLOAD) "State V. Superior Court" by Arizona Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: State V. Superior Court
- Author : Arizona Supreme Court
- Release Date : January 10, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
On July 30, 1970, the Superior Court, Judge Tang presiding, ordered filed two certificates from psychiatrists to the effect that the respondent is no longer a danger to herself or others and the court set a trial date for a jury to determine if she should be released, "in accordance with A.R.S. § 13-1621, et seq." However on June 18, 1970, this court handed down its decision in State v. Shaw, 106 Ariz. 103, 471 P.2d 715, that the provisions of A.R.S. § 13-1621.01 were unconstitutional as they related to the "bifurcated trial", more details of which are set forth hereafter. In Shaw we were confronted with the question of whether bifurcated trial as provided for in A.R.S. § 13-1621.01 was in violation of due process. Our holding was limited to the question of whether the procedure for bifurcated trial set forth in § 13-1621.01 was unconstitutional. We purposely did not pass upon the effect of holding these sections to be unconstitutional on the other portions of the Act, awaiting until a case was presented which would give both sides an opportunity to present arguments.
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