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   State Courts - Arizona - June 15 - June 22, 2000

  
In re Paul M., 2 CA-JV 99-0064, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 15, 2000, Filed
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Overview: Adjudication finding minor delinquent for knowingly abusing a school employee was vacated, where minor, although he used vulgarity, did not attack, injure, disparage, revile, or denounce the employee personally.

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Milner v. Colonial Trust Co., 1 CA-CV 99-0512, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, June 15, 2000, Filed
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Overview: Although a bill of sale should have accompanied livestock transfer, its absence did not void the gift to appellant. Since appellee's intent to gift the horse remained in dispute, granting summary judgment was improper.

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State v. Anderson, Supreme Court No. CR-98-0294-AP, SUPREME COURT OF ARIZONA, June 15, 2000, Filed
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Overview: A death sentence was reversed because the trial court committed structural error by excluding prospective jurors who had only general objections to the death penalty.

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State v. French, 2 CA-CR 99-0304-PR, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 15, 2000, Filed
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Overview: Petitioner's second petition for post-conviction relief was properly denied, where his claims of ineffective assistance of trial counsel could have been raised in his first post-conviction relief petition.

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State v. Jones, Supreme Court No. CR-98-0537-AP, SUPREME COURT OF ARIZONA, June 15, 2000, Filed
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Overview: On direct appeal, appellant's death sentence was affirmed; prosecutorial remark regarding the death sentence was not reversible error and appellant failed to prove sufficient mitigating factors.

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Citizens Clean Elections Comm'n v. Myers, Supreme Court No. CV-00-0054-SA CONSOLIDATED with Supreme Court No. CV-00-0055-SA, SUPREME COURT OF ARIZONA, June 16, 2000, Filed
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Overview: A ballot initiative violated the state constitution where it purported to involve the state commission on appellate court appointments, and members of the supreme court, in appointment of members to an election commission.

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Eller Media Co. v. City of Tucson, 2 CA-CV 99-0221, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, June 20, 2000, Filed
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Overview: Municipality's law furthered its interest in reducing light emissions into the night sky, such that, under applicable rational basis review, law did not violate plaintiff's substantive due process rights as a matter of law.

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Friedemann v. Kirk, 2 CA-CV 99-0176, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 20, 2000, Filed
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Overview: Appellee failed to meet the requirement of actual payment of the tax on February 23, 1999, and appellee's right to redeem the tax lien was foreclosed when the judgment was entered against her on March 8, 1999.

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Decola v. Freyer, 1 CA-CV 99-0536, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, June 22, 2000, Filed
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Overview: The trial court erred when it determined that it did not have discretion to grant an extension of time for the appeal from the arbitration award under the rationale of the rules of civil appellate procedure.

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Tucson Unified Sch. Dist. v. Industrial Comm'n, 2 CA-IC 00-0003, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, June 22, 2000, Filed
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Overview: In order for a mental condition to be compensable, there had to be a causal connection between the condition and the employment, and where a mental condition was not compensable, physical manifestations of that condition were not compensable.

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