State v. Love 182 Ariz. 324 (1995)

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State v. Love 182 Ariz. 324 (1995). What court decided this case? When was the case decided?What is the basic legal question that the court must resolve to decide this case?

  • Think back to the lecture on Rule-Based Reasoning. What type of legal test does the court develop and apply here?
  • Why does the court here reject the reasoning of the Court of Appeals?
  • Does the court rely on any persuasive (rather than mandatory) authority in this case? What authority? Why does it find that authority persuasive?
  • What is the outcome of the case here?
  • What is the holding of the case?
  • If you had a client who was charged with DUI based on facts identical to those described in this opinion, could you predict whether she would be convicted? Why or why not?
  • Both the majority and the dissent assert public-policy arguments to support their positions. What are those public-policy arguments? Which do you find more persuasive and why?
  • Is there a particular fact in the case that the majority and dissent seem to interpret differently? How so? What do you think of those different interpretations?
  • What other cases might you want to read to understand the rule in this case a bit better?