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Legal Opinion

Mageary v. Arizona Board of Pardons & Paroles

Court of Appeals of Arizona

Decided February 4, 1992No. 1 CA-CV 90-444Published

1Opinion of the Court

OPINION

The court has considered this appeal, Presiding Judge John F. Taylor and Judges Rudolph J. Gerber and Melvyn T. Shelley, retired, participating.

One of the conditions of appellee’s (Mageary) parole was to submit on demand to drug screening. On July 3, 1989 his urine tested positive. Based on two tests of the same sample a warrant issued for Mageary’s arrest. The Department of Corrections (DOC) was advised by Mageary’s attorney that he wished to be provided with a portion of the urine sample for independent analysis. No objection was made. Subsequent to this request, the DOC sent the…

2Cases cited3 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. California v. TrombettaSupreme Court of the United States · 1984
  3. Pella v. AdamsDistrict Court, D. Nevada · 1989

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