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McKANEY v. FOREMAN

No. CV-04-0032-SA.

100 P.3d 18 (2004)

209 Ariz. 268

Kerby James McKANEY, Petitioner, v. Hon. John FOREMAN, Judge of the Superior Court, in and for the COUNTY OF MARICOPA, Respondent, State of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

November 2, 2004.

Attorney(s) appearing for the Case

James J. Haas, Maricopa County Public Defender by Vikki M. Liles, Deputy Public Defender, Phoenix, Attorneys for Petitioner.

Richard M. Romley, Maricopa County Attorney by Paul J. McMurdie, Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest.

OPINION

JONES, Chief Justice.

¶ 1 In light of principles set forth by the United States Supreme Court in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002), as well as the requirements of the Arizona Constitution and laws, we decide in today's case whether, as a condition to...

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