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MARIO W. v. KAIPIO

Nos. 1 CA-SA 11-0016, 1 CA-SA 11-0020, 1 CA-SA 11-0025, 1 CA-SA 11-0031, 1 CA-SA 11-0032, 1 CA-SA 11-0042, 1 CA-SA 11-0043.

265 P.3d 389 (2011)

MARIO W., Petitioner, v. The Honorable Thomas KAIPIO, Commissioner of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Commissioner, State of Arizona, Real Party in Interest. Bradley W., Petitioner, v. The Honorable Thomas Kaipio, Commissioner of the Superior Court of the State of Arizona, In and for the County of Maricopa, Respondent Commissioner, State of Arizona, Real Party in Interest. Alexis A., Petitioner, v. The Honorable Mark Brain, Commissioner of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Commissioner, The State of Arizona, Real Party in Interest. Noble B., Petitioner, v. The Honorable Thomas Kaipio, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, Real Party in Interest. Bailey J., Petitioner, v. The Honorable Mark F. Aceto, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, Real Party in Interest. Devon C., Petitioner, v. The Honorable Peter A. Thompson, Commissioner of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Commissioner, State of Arizona, Real Party in Interest. Eric R., Petitioner, v. The Honorable Kaipio, Commissioner Of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona Real Party in Interest, Respondent.

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

October 27, 2011.

Attorney(s) appearing for the Case

Maricopa County Public Defender's Office By Aaron Jason Max , Deputy Public Defender, Thomas R. Garrison , Deputy Public Defender, Lori A. Markle , Deputy Juvenile Public Defender, Phoenix, Attorneys for Petitioner Mario W.

Maricopa County Public Defender's Office By Ian Pettycrew , Deputy Juvenile Public Advocate, Mesa, Attorneys for Bradley W.

Maricopa County Public Defender's Office By Lori A. Markle , Deputy Juvenile Public Defender, Phoenix, Attorneys for Petitioner Alexis A.

Maricopa County Public Defender's Office By Colleen Engineer , Deputy Juvenile Public Defender, Mesa, Attorneys for Petitioner Noble B. and Devon C.

Maricopa County Public Defender's Office By Vincent Troiano , Deputy Juvenile Public Defender, Mesa, Attorneys for Petitioner Baily J.

Maricopa County Public Defender's Office By Devra N. Ellexson , Deputy Juvenile Public Defender, Mesa, Attorneys for Petitioner Eric R.

Maricopa County Attorney's Office By Linda Van Brakel , Deputy County Attorney, David J. Flader , Deputy County Attorney, Jeffrey W. Trudgian , Deputy County Attorney, Phoenix, Attorneys for Real Party In Interest.

OPINION

GEMMILL, Judge.

¶ 1 These consolidated special actions require us to evaluate the constitutionality of the requirement under Arizona Revised Statutes ("A.R.S.") section 8-238 (Supp. 2009) that the seven juvenile petitioners submit a tissue sample for deoxyribonucleic acid ("DNA") testing as a condition of their release.1 For the reasons that follow, we decide that the taking of DNA samples from five of the juveniles...

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