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Complete 2 page APA formatted essay: Whether Martin can Challenge Constitutionality of Conviction Disclosure Requirement.Whether Martin can Challenge Constitutionality of Conviction Disclosure Require
Complete 2 page APA formatted essay: Whether Martin can Challenge Constitutionality of Conviction Disclosure Requirement.
Whether Martin can Challenge Constitutionality of Conviction Disclosure Requirement
The Arizona’s Statutes it is incorporated to allow the Arizona Appraiser Board to analyze all the licence applicants in terms of their prior criminal records and any decision granted by the competent courts to respect them. In Patterson v. Ryan, Dist. Court, D. Arizona 2011 the Arizona Supreme Court has recognized that “our court "consider[s] decisions of coordinate courts as highly persuasive and binding, unless we are convinced that the prior decisions are based upon clearly erroneous principles, or conditions have changed so as to render these prior decisions inapplicable." Thus, there is a clear purpose and benefit attached to the incorporation of the prior disclosure provision.
The second part is to find any precedents to support the claim of unconstitutionality of prior disclosure provision. In Brady, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215, the court held that the district office’s policy was unconstitutional as it did not require prior disclosure of felony. In Connick v. Thompson, 131 S. Ct. 1350 - Supreme Court 2011 the defense lawyer argued that district attorney’s office had violated Brady by failing to disclose the crime lab report in his armed robbery trial.
In Buckley v. Valeo, 424 US1 - Supreme Court 1976 the appellants had argued that the disclosure provisions unconstitutionally impinge on their rights to freedom of association.
