(DOWNLOAD) "State V. Ramsey" by Arizona Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: State V. Ramsey
- Author : Arizona Court of Appeals
- Release Date : January 03, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The primary issue we decide today is whether the language of the domestic violence statute, which requires prosecutorial concurrence with the Judge's decision to defer the entry of guilt, violates the separation of powers doctrine and, if so, whether the unconstitutional part may be severed. In addition, we must decide whether a biological parent whose parental rights have been legally severed is related within the second degree of consanguinity to her natural children so as to be entitled to deferred entry of judgment of guilt and probation under the domestic violence statute. We agree with the lower court's determination that Vicky Jean Ramsey ("defendant") was eligible to have the entry of her judgment of guilt deferred under the domestic violence statute and that the trial Judge properly severed the prosecutorial concurrence requirement from the statute. Accordingly, we affirm the ruling below.