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   State Courts - Arizona - January 9 - January 23, 2003

  
Hanley v. Pearson, 1 CA-CV 02-0217, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, January 9, 2003, Filed
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Overview: Statute established payment priority, after costs, started with payment of debt underlying foreclosed trust deed with descending payments to first satisfy "other obligations" in trust deed and then to extinguished junior liens in order of priority.

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Robert E. Mann Constr. Co. v. Liebert Corp., 1 CA-CV 01-0212, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, January 9, 2003, Filed
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Overview: Trial court erred when it awarded an air conditioner manufacturer its attorney fees and costs, where it had neither requested attorney fees in briefs on appeal, nor filed motion for attorney fees prior to oral argument or submission of appeal.

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Satterly v. Life Care Ctrs. of Am., Inc., 1 CA-CV 02-0121, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, January 9, 2003, Filed
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Overview: Employee Retirement Income Security Act (ERISA) preempted employees' state law action against their employer for failing to remit payroll deductions to its medical insurer, and state court did not have subject matter jurisdiction over claim.

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State v. Herrera, Arizona Supreme Court No. CR-02-0291-PR., SUPREME COURT OF ARIZONA, January 9, 2003, Decided
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State v. Joachim, Arizona Supreme Court No. CR-02-0268-PR, SUPREME COURT OF ARIZONA, January 9, 2003, Decided
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In re Aaron M., 1 CA-JV 02-0029, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, January 14, 2003, Filed
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Overview: Defendant was required to submit to DNA testing as he met the statutory criteria for mandatory testing under both DNA testing statutes. A juvenile probationer had an obligation to submit to a test that was not affected by the 15-day directive.

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State v. Prince, Arizona Supreme Court No. CR-00-0328-AP, SUPREME COURT OF ARIZONA, January 16, 2003, Filed
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Overview: Trial court's limiting instruction about prior domestic abuse was adequate with respect to capital count, as jurors were given typical instruction concerning prior bad acts, and it specifically limited consideration of evidence to attempt count.

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Jackson v. Chandler, Arizona Supreme Court No. CV-02-0060-PR, SUPREME COURT OF ARIZONA, January 17, 2003, Filed
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Overview: Supreme Court of Arizona held that the general rule by which the forum applied its own statute of limitations applied in a tort action where all three drivers were from California but the automobile accident and injuries had occurred in Arizona.

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Maretick v. Jarrett, Arizona Supreme Court No. CV-02-0253-SA, SUPREME COURT OF ARIZONA, January 21, 2003, Filed
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Overview: Because a witness provided inaccurate information, a prosecutor interrupted a grand jury's questions, and the grand jury was not instructed on a driver's Fifth Amendment rights, a redetermination of probable cause in an indictment was appropriate.

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In re Det. of Wilber W., Arizona Supreme Court No. CV-02-0328-PR, SUPREME COURT OF ARIZONA, January 23, 2003, Filed
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