Arizona, February, 2002, State Case law

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State Courts - Arizona - February 19 - February 26, 2002

McDonald v. Thomas, Arizona Supreme Court No. CV-01-0001-PR, SUPREME COURT OF ARIZONA, February 19, 2002, Filed
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Overview: Attestation statute contemplated only the governor act to reject recommendation of clemency by clemency board; where governor's letter denying clemency did not contain sufficient indicia of authenticity, it was not required act of governor.

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Romley v. Arpaio, 1 CA-CV 01-0013, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, February 19, 2002, Filed
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Overview: A county sheriff did not have the authority to direct an administrative employee, who was also an attorney, to represent the sheriff in proceedings before the employee merit system commission brought by a terminated employee.

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In re Clarke, Arizona Supreme Court No. SB-01-0192-D, SUPREME COURT OF ARIZONA, February 22, 2002, Decided , February 22, 2002, Filed
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Overview: Attorney was suspended for six months for converting client trust account funds for his own personal use, he was not disbarred because his clients suffered no actual harm, and he promptly rectified the consequences of his misconduct.

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State v. Crowley, 2 CA-CR 01-0162, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, February 22, 2002, Filed
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Overview: Trial court did not err when it granted motion to suppress evidence that was found during a house search that was based on a warrant, which relied upon future acts that could have only come into being by actions of the police.

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Dillon v. Zeneca Corp., 2 CA-CV 2000-0207, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, February 26, 2002, Filed
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Overview: Farmers' asserted causes of action for breach of express warranty, misrepresentation, and strict product liability arising from damage to their alfalfa crop allegedly caused by an herbicide were preempted by federal law.

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In re Buffenstein, Arizona Supreme Court No. SB-01-0171-D, SUPREME COURT OF ARIZONA, February 26, 2002, Decided , February 26, 2002, Filed
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Overview: Where state bar investigation showed attorney failed, inter alia, to keep individual client ledger cards, duplicate deposit slips, and failed to keep personal funds separate from client funds, he was suspended for 30 days with probation.

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In re Kistler, Supreme Court No. SB-01-0189-D, SUPREME COURT OF ARIZONA, February 26, 2002, Decided , February 26, 2002, Filed
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Overview: Attorney engaged in unauthorized practice of law when he represented clients while on administrative suspension. He also failed to communicate with clients and generally neglected their representation. He was suspended for one year.

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In re Reilly, Arizona Supreme Court No. SB-01-0190-D, SUPREME COURT OF ARIZONA, February 26, 2002, Decided , February 26, 2002, Filed
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Overview: Attorney's most serious misconduct was the conversion of client funds and his false statements to clients after neglecting their cases, the presumptive sanction was disbarment, but attorney established significant mitigating factors.

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In re Ziman, Supreme Court No. SB-01-0195-D, SUPREME COURT OF ARIZONA, February 26, 2002, Decided , February 26, 2002, Filed
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Overview: Attorney assumed the representation from another attorney of 1 of 2 individuals, who were injured in a car accident, and was suspended from practice for 30 days when he took over 2 years to pay the other attorney for his work.

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