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   State Courts - Arizona - January 31 - February 12, 2002

  
Warren v. Indus. Comm'n, 1 CA-IC 00-0113, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, January 31, 2002, Filed
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Overview: Administrative law judge erred by including an injured worker's post-injury salary increases and merely discounting the increased salary for inflation between the date of injury and date claimant returned to work as custodial supervisor.

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Blake v. Schwartz, 1 CA-SA 01-0168, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, February 5, 2002, Filed
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Overview: Statute which allowed medical director or psychiatric security review board to request release hearing for guilty except insane defendant within 120 days was constitutional and did not intend to preclude request for an earlier release hearing.

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Botma v. Huser, 1 CA-CV 01-0003, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, February 5, 2002, Filed
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Overview: Assignment of a legal malpractice claim that was packaged with assignment of a bad faith claim against an insurance carrier was not allowed under Arizona law, as such assignments would drive a wedge between the defense attorney and his client.

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LOVITCH v. INDUSTRIAL COMM'N OF ARIZONA, 1 CA-IC 01-0053, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, February 5, 2002, Filed
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Overview: Employee, who claimed to have suffered injury to her vocal chords when she inhaled steam from a faulty dental sterilizer, tried to re-open her claim based upon "new" evidence about her condition; the issues raised were previously litigated.

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Mendez v. Robertson, 2 CA-SA 01-0117, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, February 5, 2002, Filed
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Overview: When a court was asked to reexamine defendant's conditions of release in light of newly presented information, the standard of review was de novo, not abuse of discretion.

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Romley v. Schneider, 1 CA-SA 01-0290, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, February 7, 2002, Filed
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Overview: Trial court's order that victim submit to fingerprinting was abuse of discretion and interfered with the victim's rights to due process where defendant moved for fingerprinting to ensure that victim was not a former client of his public defender.

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In re Sparks, Arizona Supreme Court No. SB-01-0155-D, SUPREME COURT OF ARIZONA, February 8, 2002, Decided , February 8, 2002, Filed
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In re Ryan A., 1 CA-JV 01-0053, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, February 12, 2002, Filed
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Overview: Where juvenile was adjudicated for threatening or intimidating and was ordered to pay restitution to victim's parents for time spent at hearing, State was not required to show victim felt threatened and both parents could receive restitution.

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MEJIA v. INDUSTRIAL COMM'N OF ARIZONA, 2 CA-IC 01-0017, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, February 12, 2002, Filed
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Overview: Arizona statute suspending workers' compensation benefits while recipients were incarcerated did not apply retroactively to worker whose right to receive benefits vested before statute was enacted.

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