October 1, 2003 - 1 CA-SA 02-0108 - Bailey v. City of Mesa
When a governmental entity proposes to condemn and take private property that will be conveyed to private parties for redevelopment purposes, does Article 2, Section 17 of the Arizona Constitution prevent such a taking unless the anticipated public benefits and characteristics substantially outweigh the private nature of the end use? Read opinion...
September 23, 2003 - 2 CA-SA 2003-0067 - Tanque Verde Unified School District v. Tanque Verde Coalition Inc.
Did the school district board violate the open meeting laws by conducting a site selection process in executive session?
October 3, 2003 - No. 02-35543 -
Spitsyn v. Moore
Where an attorney was retained to prepare and file a habeas petition, failed to do so, and disregarded requests to return the files pertaining to petitioner's case until well after the date the petition was due, equitable tolling of the deadline is appropriate.
October 2, 2003 - No. 02-50380 -
US v. Kincade
Forced extraction of blood from parolees pursuant to the federal DNA Analysis Backlog Elimination Act of 2000 requires individualized suspicion under the Fourth Amendment, and the compulsory collection of blood samples under the Act does not fall within the "special needs" exception to the Fourth Amendment. Read opinion...