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   State Courts - Arizona - January 22 - January 25, 2007

  
Gipson v. Kasey, Arizona Supreme Court No. CV-06-0100-PR, SUPREME COURT OF ARIZONA, January 22, 2007, Filed
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Overview: In mother's wrongful death suit, coworker did owe a duty of care to decedent, to whom coworker had given prescription drugs, because Ariz. Rev. Stat. § 36-2531(A)(6), Ariz. Rev. Stat. § 32-1961(A), and Ariz. Rev. Stat. § 13-3408(A)(5), prohibited distribution of prescription drugs to persons not covered under prescription.

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Doe v. Arpaio, 1 CA-CV 05-0835, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, January 23, 2007, Filed
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Overview: A superior court properly concluded that a county policy requiring a court order before transporting an inmate for an elective abortion did not serve a penological interest where, inter alia, there was no evidence of an increased security risk, a financial impact on the county, or increased county liability.

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Estate of Winn v. Plaza Healthcare, Inc. (In re Estate of Winn), Arizona Supreme Court No. CV-06-0076-PR, SUPREME COURT OF ARIZONA, January 23, 2007, Filed
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Overview: Ariz. Rev. Stat. § 14-3108(4) did not preclude a late-appointed personal representative from bringing an otherwise timely Ariz. Rev. Stat. § 46-455(B) (Supp. 2006) claim on behalf of a deceased victim's estate as that result comported with the statute's plain language and served the goal of protecting vulnerable adults.

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Lennar Corp. v. Auto-Owners Ins. Co., 1 CA-CV 03-0451, 1 CA-CV 03-0593, 1 CA-CV 03-0715, 1 CA-CV 03-0804, 1 CA-CV 04-0327, (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, January 23, 2007, Filed
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Overview: A trial court erred in granting summary judgment to the insurers on a developer's breach of contract claim as an underlying claim that property damage resulted from faulty construction was sufficient to allege an occurrence under the commercial general liability policies and the policies covered the natural consequences of negligent construction.

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State v. Gay, 2 CA-CR 2004-0306, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, January 23, 2007, Filed
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Overview: Trial court did not err in denying defendant's motion to suppress under Ariz. Const. art. II, § 8 because (1) when his girlfriend would not consent to a search of their apartment, officers left to get a warrant; (2) one officer was left behind to ensure that she did not destroy evidence; and (3) exigency existed, but it was not created by police.

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In re Jerry C., 1 CA-JV 06-0104, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, January 25, 2007, Filed
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Overview: In appeal of adjudication of sexual conduct with minor, a violation of Ariz. Rev. Stat. § 13-1405, and molestation of a child, a violation of Ariz. Rev. Stat. § 13-1410, juvenile court properly determined that molestation was lesser included offense of which juvenile could be adjudicated because charging documents put juvenile on sufficient notice.

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