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   State Courts - Arizona - March 7 - March 14, 2000

  
Allstate Ins. Co. v. Great Am. Ins. Cos., 1 CA-CV 99-0374, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, March 7, 2000, Filed
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Overview: Appellee's insurance coverage was only applicable if the covered loss exceeded appellant's insurance coverage. Because suit did not exhaust appellant's policy limit of $ 100,000, appellee's excess coverage was not applicable.

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Luis A. v. Bayham-Lesselyong, 1 CA-SA 99-0243, 1 CA-SA 99-0246, 1 CA-SA 99-0247, 1 CA-SA 99-0255, 1 CA-SA 99-0256, (CONSOLIDATED), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, March 7, 2000, Filed
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Overview: Juveniles' delinquency hearings remanded for calculation because the hearings on their traffic citations were potentially violative of speedy juvenile justice requirements.

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State v. Estrada, 1 CA-CR 98-0797, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, March 7, 2000, Filed
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Overview: Criminal sentencing statute made probation available to criminal defendant for sentencing even though she had a prior conviction for conspiracy to possess narcotic drugs for sale and her crime involved drug paraphernalia.

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State v. Heartfield, 2 CA-CR 99-0161-PR, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, March 7, 2000, Filed
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Overview: Defendant could not be held liable for restitution after finding of guilty except insane to arson charges, because state statutes governing guilty except insane status did not expressly or impliedly allow for restitution.

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State v. Moore, Supreme Court No. CR-99-0140-PR, SUPREME COURT OF ARIZONA, March 8, 2000, Decided , March 8, 2000, Filed
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City of Phoenix v. Wilson, 1 CA-CV 99-0363, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, March 14, 2000, Filed
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Overview: It was discretionary abuse to admit appellee landowners' expert appraisal witness's testimony concerning a taken partial property's value and severance damages without valuing it as a separate unit or as part of a whole parcel.

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McDonald v. City of Prescott, 1 CA-CV 99-0128, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, March 14, 2000, Filed
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Overview: Defendant city can be negligent for plaintiff's injuries from motorcycle accident on state highway because police department's duty of care was broad enough to include correction of dangerous road hazard within city limits.

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State v. Preston, 2 CA-CR 98-0524, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, March 14, 2000, Filed
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Overview: Requiring clear and convincing proof of entrapment was constitutional but, even though defense required admission of offense elements, jury instructions on presumption of innocence and reasonable doubt were unconstitutionally eliminated.

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State v. Woodruff, 1 CA-CR 98-0865, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, March 14, 2000, Filed
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Overview: Appellee's placement on intensive probation for commission of a new crime while on probation did not require probation officer's recommendation because officer's recommendation was not a prerequisite to court's sentencing.

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