Arizona, April, 2007, State Case law

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State Courts - Arizona - April 24 - April 26, 2007

Ariz. Dep't of Econ. Sec. v. Redlon, 2 CA-CV 2006-0051, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, April 24, 2007, Filed
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Overview: The superior court erred in concluding that the Arizona State Personnel Board lacked jurisdiction over a former state employee's claim because, at the time the employee was given the choice between resignation or termination, she was not informed of or allowed to consider her due process rights under Ariz. Rev. Stat. ?? 41-782(A) and 41-785.

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Fulton Homes Corp. v. BBP Concrete, 1 CA-CV 05-0510, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, April 24, 2007, Filed
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Overview: Where a builder's third-party complaint against subcontractors was dismissed, it was not an abuse of discretion to award the subcontractors attorneys' fees pursuant to Ariz. Rev. Stat. ? 12-341.01, because, inter alia, the builder's interests were adverse to those of the subcontractors and the subcontractors could be considered successful parties.

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Multari v. Gress, 1 CA-CV 06-0221, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, April 24, 2007, Filed
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Overview: Private deed restrictions that limited the dimension of structures on defendants' lot were an invalid amendment to the original covenants and restrictions permitting the construction of accessory buildings of any dimension. There was no evidence that two-thirds of the property owners approved the private deed restrictions.

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State v. Bartolini, 1 CA-CR 05-1088, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, April 24, 2007, Filed
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Overview: Conviction of DUI impaired was affirmed because collateral estoppel did not preclude the admission of defendant's blood alcohol concentration test results in her second trial when the issue of impairment was not the same as the issue of per se DUI in the first trial.

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Griffis v. Pinal County, Arizona Supreme Court No. CV-06-0312-PR, SUPREME COURT OF ARIZONA, April 25, 2007, Decided
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Overview: A remand was necessary in a case where a newspaper sought to obtain e-mails written by an employee on a county-owned computer system because there had been no in camera review of the documents to determine if they qualified as public records under Ariz. Rev. Stat. ? 39-121 or if they were purely personal in nature.

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In re Member of the State Bar of Ariz. Piekarski, Arizona Supreme Court No. SB-06-0169-D/R, SUPREME COURT OF ARIZONA, April 25, 2007, Decided, April 25, 2007, Filed
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Jenkins v. Jenkins, No. 1 CA-CV 06-0359, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, April 26, 2007, Filed
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Overview: Court did not err in finding mother failed to show changed circumstances warranting a modification of child support under Ariz. Rev. Stat. ? 25-327(A) because father's separate real estate was not income to him for purposes of calculating child support and he exchanged it for other "like-kind" property that was neither income nor income-producing.

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Lincoln v. Holt, 1 CA-SA 07-0052, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, April 26, 2007, Filed
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Overview: Court properly denied petitioner's motion for court-ordered deposition of mother, who was only witness that would testify that petitioner inflicted her child's injury, where Ariz. Rev. Stat. ? 13-4433(H) allowed a minor victim's parent who exercised victims' rights on behalf of the minor to also exercise all victims' rights on parent's own behalf.

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Monkman v. Arellano, Arizona Supreme Court No. CV-07-0136-PR, SUPREME COURT OF ARIZONA, April 26, 2007, Decided, April 26, 2007, Filed
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