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IN RE 1996 NISSAN SENTRA

No. 2 CA-CV 00-0162.

32 P.3d 39 (2001)

201 Ariz. 114

In the Matter of: 1996 NISSAN SENTRA Vin: 1N4AB41D1TC74220 Az Lic: 162ARH

Court of Appeals of Arizona, Division 2, Department A.

September 25, 2001.

Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney, By Alison Ferrante, Tucson, for Appellant State.

Sidney F. Wolitzsky, Tucson, for Appellee Teruko Simmons.

Janet Napolitano, Arizona Attorney General, By Cameron H. Holmes, Phoenix, for Amicus Curiae.

OPINION

FLÓREZ, J.

¶ 1 Appellant State of Arizona challenges the trial court's grant of appellee Teruko Simmons's cross-motion for summary judgment in this civil in rem forfeiture action against Simmons's 1996 Nissan Sentra. The state contends that the trial court erred in finding that 1) prior statements made by Simmons's son, Dennis Day, which the state and Simmons had attached to their respective motions for summary judgment, were inadmissible...

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