Arizona, January, 2005, State Case law

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State Courts - Arizona - January 24 - February 3, 2005

State v. Alvarez, 2 CA-CR 2002-0084, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, January 24, 2005, Filed
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Overview: In a felony murder case, the victim's statement that men beat him and stole his car was an excited utterance under Ariz. R. Evid. 803(2); as police did not know a crime had been committed when they questioned victim, statement was non-testimonial hearsay outside scope of Crawford and its admission did not violate defendant's confrontation rights.

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Hayden Bus. Ctr. Condos. Ass'n v. Pegasus Dev. Corp., 1 CA-CV 03-0143, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, January 25, 2005, Filed
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Overview: Commercial builder could not be held liable by subsequent purchasers of its building, with whom it was not in privity, for breach of implied warranty of good workmanship, and the subsequent purchasers could not amend complaint to assert a tort claim.

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Lashonda M. v. Ariz. Dep't of Econ. Sec., 2 CA-JV 2004-0022, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, January 27, 2005, Filed
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Overview: An order terminating a teenage mother's parental rights to her child was upheld because the court properly instructed the jury on the meaning of neglect for purposes of Ariz. Rev. Stat. ? 8-201(21); the court did not err in allowing the introduction of evidence of a potential adoptive home for the child that had been identified only days earlier.

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Lashonda M. v. Ariz. Dep't of Econ. Sec., 2 CA-JV 2004-0022, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, January 27, 2005, Filed
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Lyons v. State Bd. of Equalization, 1 CA-TX 04-0004, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, January 27, 2005, Filed
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Overview: An assessor's incorrect denial of a religious property exemption request constituted a mistake in assessing property taxes pursuant to state statute, authorizing the Arizona's State Board of Equalization to correct the error.

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State v. Pena, 1 CA-CR 03-0305, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, January 27, 2005, Filed
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Overview: Where victim sustained permanent scar to his face, he suffered a "serious and permanent disfigurement" that constituted "serious physical injury" sufficient to support aggravated assault conviction. Injury could not be aggravating sentencing factor.

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Kelley v. Abdo, 2 CA-CV 2004-0052, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, January 28, 2005, Filed
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Overview: Where a trial court erred in allowing a patient in a medical malpractice case to be cross-examined as to her religious beliefs because such evidence was irrelevant and highly prejudicial, a new trial was required.

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State v. Alire, 2 CA-CR 2004-0044, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, January 28, 2005, Filed
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Overview: A trial court's comment regarding defendant's illegal immigrant status did not invalidate the aggravated sentence imposed, as it was not considered as an aggravating circumstance; moreover, it was an "other factor" under the relevant statute.

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Baker v. Ariz. Dep't of Revenue, 1 CA-TX 03-0006, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, February 3, 2005, Filed
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Overview: Amendment of statute that allowed for tax credits when converting vehicles to alternative fuels did not violate Contract Clauses because no contract was created; taxpayers' due process rights were not violated because no vested rights were created.

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