Arizona, March, 2004, State Case law

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State Courts - Arizona - March 30 - April 1, 2004

Burke v. Voicestream Wireless Corp. II, 1 CA-CV 02-0031, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, March 30, 2004, Filed
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Overview: Although building was a worship center, and building owner and telephone company agreed to tower's construction atop building, subdivision's restrictive covenants still applied. Subdivision's property owners were entitled to summary judgment.

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O'Connor v. Hyatt, 1 CA-SA 04-0054, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, March 30, 2004, Filed
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Overview: A person placed on probation in 2001 for a Proposition 200 drug-related offense who violated her probation had to be reinstated on probation with additional conditions of probation, and jail time was not authorized.

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O'Connor v. Hyatt, 1 CA-SA 04-0054, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, March 30, 2004, Filed
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Overview: Statute, as it provided at the time defendant possessed dangerous drugs and at the time she was convicted of that offense, did not provide for jail time as a condition of probation. Defendant was ordered released.

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Pierce v. Molet (In re Gordon), 1 CA-CV 02-0353, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, March 30, 2004, Filed
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Overview: Personal representative sought reimbursement of attorney fees incurred during an arbitration proceeding. Beneficiaries argued that fees were not for estate's benefit. Estate's benefit was a factor in determining good faith conduct.

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Booth v. State, 2 CA-CV 2003-0097, COURT OF APPEALS OF ARIZONA, DIVISION TWO, March 31, 2004, Decided
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Crackel v. Allstate Ins. Co., 2 CA-CV 2002-0123, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, March 31, 2004, Opinion Filed
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Overview: The denial of the insurer's motion for judgment as a matter of law in the driver and passenger's action for abuse of process was proper, where it was possible that the insurer's actions had been consistent with a deceptive motive.

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Mitchell v. Gamble, 2 CA-CV 2003-0131, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, March 31, 2004, Opinion Filed
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Overview: A grant of summary judgment in favor of the students in the teacher's personal injury action was improper, where the appellate court could not state as a matter of law that the students were the teacher's "co-employees" for recovery purposes.

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Barrett v. Harris, 1 CA-CV 03-0412, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, April 1, 2004, Filed
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Overview: As parents did not show that fatal injury that occurred while nurse, on defendant's orders, administered blow-by oxygen to newborn stemmed from a recognizable risk of this procedure, order to use blow-by oxygen was not proximate cause of injury.

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In re Clark, Arizona Supreme Court No. SB-03-0113-D, SUPREME COURT OF ARIZONA, April 1, 2004, Filed
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Overview: Attorney disciplinary commission erred when it accepted the hearing officer's finding of fact, yet rejected the finding that an attorney acted negligently, not intentionally or knowingly, in his actions toward his former client.

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State v. Rivera, 1 CA-CR 02-0211, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, April 1, 2004, Filed
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Overview: Trial court erred by allowing testimony of accomplices who had entered into plea agreements containing consistency provisions, as they had not been told that the consistency provisions were unenforceable, and those provisions tainted their testimony.

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