Arizona, January, 2004, State Case law

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State Courts - Arizona - January 6 - January 16, 2004

Mullenaux v. Graham County, 2 CA-CV 2003-0130, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, January 6, 2004, Filed
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Overview: Court affirmed summary judgment in favor of county in former county employee's suit for wrongful discharge and breach of contract; employee failed to exhaust his administrative remedies available under county employee merit system before filing suit.

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Pleak v. Entrada Prop. Assn, Arizona Supreme Court No. CV-03-0310-PR., SUPREME COURT OF ARIZONA, January 6, 2004, Decided
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State v. Smyers, Arizona Supreme Court No. CR-03-0284-PR, SUPREME COURT OF ARIZONA, January 6, 2004, Decided
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Magee v. Magee, 1 CA-CV 03-0199, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, January 8, 2004, Filed
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Overview: A trial court properly required a former husband to pay attorneys' fees incurred by his former wife in post-decree proceedings in the parties' dissolution action. Actual inability to pay was not a statutory prerequisite to consideration for an award.

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State v. Cowles, 1 CA-HC 02-0013, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, January 8, 2004, Filed
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Overview: As defendant could not have served his community supervision period on earlier conviction while incarcerated on a subsequent conviction, trial court erroneously concluded that community supervision period expired and erred by ordering his release.

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Cheree L. v. ADES, 2 CA-JV 2002-0069, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, January 13, 2004, Decided
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Underground Techs. v. Petroni, 2 CA-IC 2002-0023, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, January 13, 2004, Decided
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Glaze v. Larsen, Arizona Supreme Court No. CV-02-0375-PR, SUPREME COURT OF ARIZONA, January 14, 2004, Filed
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Overview: In appeal involving accrual of action for legal malpractice occurring in the course of criminal litigation, the cause of action accrued when the proceedings in the criminal matter were terminated favorably to the criminal defendant.

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Parking Concepts, Inc. v. Tenney, Arizona Supreme Court No. CV-02-0439-PR, SUPREME COURT OF ARIZONA, January 14, 2004, Filed
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Overview: Court vacated decision that a judgment stipulated to pursuant to Morris agreement was reasonable; on remand, superior court had to evaluate reasonableness of stipulated judgment without regard to whether trial would have adverse effect on insureds.

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State v. Wilson, 2 CA-CR 2003-0151, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, January 16, 2004, Filed
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Overview: On defendant's appeal of grant of new trial rather than dismissal, judgment was affirmed; retrial (based on defendant's own motion for new trial) on charge for which jury previously found her guilty would not offend double jeopardy principles.

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