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   State Courts - Arizona - June 8 - June 17, 2004
  
Canion v. Cole, 1 CA-SA 04-0036, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, June 8, 2004, Filed
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Overview: An inmate's petition for a special action was granted because a trial court erred by not ordering the State to disclose exculpatory evidence during a post-conviction action since the State's disclosure duty did not end with a guilty verdict.

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Case Corp. v. Gehrke, 1 CA-CV 03-0360, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, June 8, 2004, Filed
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Overview: Company could assert a viable conversion claim of its secured proceeds of inventory, because it had a security interest in the proceeds, and the security interest allowed the proceeds to be identified even when they were commingled with other funds.

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J.L.F. v. Ariz. Health Care Cost Containment Sys., 1 CA-CV 03-0627, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, June 8, 2004, Filed
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Overview: Director of Arizona Health Care Cost Containment System acted within her discretion in determining that insured's breasts had symmetrical appearance and did not require more surgery; further surgery would not provide exactly symmetrical breasts.

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State ex rel. Dept of Econ. Sec. v. Hayden, 1 CA-CV 03-0036, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, June 8, 2004, Filed
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Overview: Father could not terminate child support arrearages collection efforts by State, where, although statute cut off access to courts for enforcement of debt after a certain time, it did not extinguish the underlying debt, which remained redeemable.

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In re Torre, Supreme Court No. SB-04-0057-D, SUPREME COURT OF ARIZONA, June 11, 2004, Decided , June 11, 2004, Filed
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Ariz. Water Co. v. Ariz. Dep't of Water Res., Arizona Supreme Court No. CV-03-0321-PR, SUPREME COURT OF ARIZONA, June 14, 2004, Filed
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Overview: Arizona Groundwater Code authorized the ADWR to impose GPCD requirements on municipal providers, but did not require the ADWR to impose conservation measures on end users; use of CAP water could be used in determining a provider's GPCD compliance.

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Amparano v. Asarco, Inc., 2 CA-CV 2003-0162, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 16, 2004, Filed
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Overview: Venue for tort case alleging damage to real property was controlled by mandatory real property venue statute rather than permissive tort venue statute. Motion to disqualify counsel was insufficiently supported, and any conflict was waived.

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Pinal Vista Props., L.L.C. v. Turnbull, 1 CA-TX 03-0008, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, June 17, 2004, Filed
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Overview: Transfer of real property to the State by issuance of a treasurer's tax deed extinguished any privately held tax liens, thus trial court properly granted summary judgment for State and County in a certificate of purchase holder's declaratory action.

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Robert Schalkenbach Found. v. Lincoln Found., Inc., 1 CA-CV 02-0208, 1 CA-CV 02-0780 (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, June 17, 2004, Filed
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Overview: A finding against the foundation and school in their actions to enforce a will and charitable trust was proper where they lacked standing because there were mere potential beneficiaries of the trust.

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State v. Whelan, 1 CA-CR 02-0364, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, June 17, 2004, Filed
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Overview: On DUI defendant's appeal of refiled charges, collateral estoppel was properly denied based on intervening law change, trial judge correctly applied new law, determining medical assistant, like phlebotomist, was qualified to draw blood.

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