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COOK v. STATE

No. 1 CA-CV 11-0629 A.

281 P.3d 1053 (2012)

Daniel Wayne COOK; Beau John Greene; Eldon Schurz, Plaintiffs/Appellants, v. STATE of Arizona; Arizona Department of Corrections; Charles Ryan, Director, Arizona Department of Corrections, in his official capacity, Defendants/Appellees.

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

July 26, 2012.

Attorney(s) appearing for the Case

Jon M. Sands , Federal Public Defender By Cary S. Sandman , Assistant Federal Public Defender, and Jennifer Y. Garcia , Assistant Federal Public Defender, Phoenix, Attorneys for Plaintiffs/Appellants.

Thomas C. Horne , Arizona Attorney General By Kent E. Cattani , Division Chief Counsel, and Jeffrey A. Zick , Section Chief Counsel, and Jonathan Bass , Assistant Attorney General, Capital Litigation Section, Phoenix, Attorneys for Defendants/Appellees.

OPINION

NORRIS, Judge.

¶ 1 Daniel Wayne Cook, Beau John Greene, and Eldon Michael Schurz1 (collectively, "Appellants") appeal the superior court's dismissal of their complaint alleging Arizona's statute authorizing lethal injection, Arizona Revised Statutes ("A.R.S.") section 13-757(A) (2010), violates the separation of powers doctrine embodied in Article 3 of the Arizona Constitution. Appellants argue, as they did in the...

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