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   State Courts - Arizona - May 18 - May 27, 2004

  
Merlina v. Jejna, 1 CA-CV 03-0535, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, May 18, 2004, Filed
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Overview: Defendant was charged with extreme DUI, having a BAC of .15 or greater, and with DUI, having a BAC of .08. Although charges were muliplicitous, they were not fatally flawed; charging defendant with both offenses did not violate double jeopardy.

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State v. Nelson, 1 CA-CR 03-0469, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, May 18, 2004, Filed
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Overview: Defendant was stopped by Indian officer off of reservation. In DUI trial, defendant moved to suppress evidence. Statute pertaining to authority of Indian officers was unambiguous; certified officer had power to make brief stop off of reservation.

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Grammatico v. Indus. Comm'n, 1 CA-IC 01-0117, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, May 20, 2004, Filed
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Overview: Appellate court reversed an administrative law judge's denial of benefits to the claimant as the ALJ unconstitutionally applied the statute to deny compensatory benefits to the claimant.

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John C. v. Sargeant, 1 CA-SA 04-0051, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, May 20, 2004, Filed
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Overview: Because federal authorities were going to allow an inmate to appear telephonically for his parental rights termination hearing, the trial court was ordered to provide the inmate with a jury trial at which he telephonically appeared.

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Riepe v. Riepe, 1 CA-CV 03-0184, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, May 25, 2004, Filed
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Overview: A trial court erred in finding that a child's stepmother was ineligible for in loco parentis visitation because she did not stand in the place of a legal parent; there were no number or gender restrictions on in loco parentis visitation.

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Master Fin., Inc. v. Woodburn, 1 CA-SA 04-0052, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, May 27, 2004, Filed
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Overview: On corporation's appeal from denial of default judgment, judgment was reversed; corporation pursuing a money judgment against defendant whose residence was unknown, but whose last known residence was in the state, could be served by publication.

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State v. Smith, 2 CA-CR 2003-0254, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, May 27, 2004, Filed
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Overview: Officers who possessed warrant for defendant's arrest entered his trailer, believing that defendant might return there. The trial court erred in denying a motion to suppress a gun found inside as the proper standard was comparable to probable cause.

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