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   State Courts - Arizona - March 29 - April 3, 2001

  
Douglass v. Gendron, 1 CA-CV 00-0409, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, March 29, 2001, Filed
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Overview: A judgment dismissing a citation against a landowner for violating a city ordinance regarding the height of grass and weeds on property was reversed on review.

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State v. Gaffney, Arizona Supreme Court No. CR-00-0153-PR, SUPREME COURT OF ARIZONA, March 29, 2001, Decided , March 29, 2001, Filed
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State v. Skiba, 1 CA-CR 00-0457, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, March 29, 2001, Filed
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Overview: Appellant who committed a DUI offense during a period of driving restriction because of a prior DUI offense was properly convicted for aggravated DUI.

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Town of Tortolita v. Napolitano, 1 CA-CV 00-0437, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, March 29, 2001, Filed
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Overview: The Fourteenth Amendment did not apply to municipalities, therefore appellant town had no due process rights to assert in its motion to modify a preliminary injunction preventing it from incurring attorneys' fees.

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Gonzalez v. Fields, Arizona Supreme Court No. CV-00-0390-PR, SUPREME COURT OF ARIZONA, March 30, 2001, Filed
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Kimble v. City of Page, 1 CA-CV 00-0389, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, April 3, 2001, Filed
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Overview: City manager had no right to appeal hearing officer's decision because city council improperly amended his duties through rules rather than through city code amendment. Hearing officer's decision was not binding on city manager, but merely advisory.

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Republic Nat'l Bank v. Pima County, 2 CA-CV 00-0183, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, April 3, 2001, Decided
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Overview: Statutory provision and common law both recognized that appellees had a duty to real property lienholder to avoid physically abusing or destroying relevant real property, committing waste, and impairing lienholder's security.

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State v. Farley, 1 CA-CR 99-0870, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, April 3, 2001, Filed
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Overview: Arizona's affirmative defense statute did not violate the Due Process Clause of the Arizona Constitution because, as justification was an affirmative defense, the legislature was entitled to allocate to defendant the burden of proving it.

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State v. Newton, Arizona Supreme Court No. CR-00-0441-PR, SUPREME COURT OF ARIZONA, April 3, 2001, Filed
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Overview: Legislative intent did not create an exception to the criminal law principle that required the appellant to be sentenced under the version of the sentencing statute laws in effect at the time appellant created his offense.

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