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STATE EX REL. NAPOLITANO v. GRAVANO

No. 1 CA-CV 02-0025.

60 P.3d 246 (2002)

204 Ariz. 106

STATE of Arizona, ex. rel. Janet NAPOLITANO, Plaintiff-Appellee, Mona Garofalo, Laura Garofalo, Karen Garofalo, Catherine Colluci, Dawn DeBatt, Michelle DeBatt, and Shirley Shiffren, Intervenors-Appellees, v. Salvatore GRAVANO, aka Jimmy Moran, Defendant-Appellant. 1207 E. Secretariat Drive, Tempe, et al., Defendants-Appellants In Rem.

Court of Appeals of Arizona, Division 1, Department B.

December 24, 2002.

Attorney(s) appearing for the Case

Janet A. Napolitano, Arizona Attorney General, by Cameron H. Holmes, Assistant Attorney General, Phoenix, Attorneys for Plaintiff-Appellee.

Osborn Maledon, P.A., by Larry A. Hammond, John A. Stookey and Maureen Beyers, Phoenix, Attorneys for Defendant-Appellant.

WINTHROP, Judge.

¶ 1 In this appeal, we consider whether the application of Arizona's forfeiture statutes to royalties from a book about the life and crimes of a convicted racketeer violates constitutional free speech guarantees. We further examine whether the royalties have the causal connection with racketeering required for forfeiture. For the reasons discussed below, we conclude that the statutes are constitutional in this setting and that the royalties are...

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