Arizona, June, 2004, State Case law

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State Courts - Arizona - June 22 - June 28, 2004

State v. Nguyen, 1 CA-CR 03-0606, 1 CA-CR 03-0607 (consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, June 22, 2004, Filed
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Overview: Potential sentence for defendant's previously adjudicated offense was properly excluded when determining whether a 12-person jury was required for defendant's trial for a burglary committed while on probation for the prior crime.

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Clark v. New Magma Irrigation & Drainage Dist., 2 CA-CV 2003-0026, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 24, 2004, Filed
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Overview: Because an irrigation district only held an easement on property for the purpose of maintaining canal for federal government, court properly held that it was not liable to parents whose son was killed when his motorcycle ran into fence on property.

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In re Marriage of Clay, 1 CA-CV 03-0384, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, June 24, 2004, Filed
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Overview: Where mother received a large Social Security check for her child based on father's disability, check was not to be treated as arrearage payment or future payment and, therefore, did not result in support overpayment requiring a refund to the father.

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Crackel v. Allstate Ins. Co., 2 CA-CV 2002-0123, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, June 28, 2004, Filed
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Overview: In an abuse of process case, plaintiffs showed they had been injured as a result of defendants abuse of process where defendant did not participate in settlement in good faith, and plaintiffs eventually waived sanctions because they were "worn out."

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