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   State Courts - Arizona - June 17 - June 19, 2008

  
Penn-America Ins. Co. v. Sanchez, 1 CA-CV 06-0792, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, June 17, 2008, Filed
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Overview: In wrongful death action, summary judgment against statutory beneficiaries was not appropriate because genuine issue of material fact remained as to whether insurer's delay in issuing its reservation of rights resulted in prejudice to a leasing company, and issue remained as to reasonableness of insurer's delay.

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Seisinger v. Siebel, 1 CA-CV 07-0266, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, June 17, 2008, Filed
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Overview: Trial court erred in dismissing medical malpractice action on ground that patient's expert witness did not meet requirements of Ariz. Rev. Stat. ? 12-2604(A) where ? 12-2604(A) was unconstitutional as infringement on the exclusive rule-making authority of the Arizona Supreme Court because the statute could not be harmonized with Ariz. R. Evid. 702.

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State v. Leenhouts, Arizona Supreme Court No. CR-07-0319-PR, SUPREME COURT OF ARIZONA, June 17, 2008, Filed
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Overview: In trial for custodial interference, it was error for the trial court to require trial to proceed because first time defendant saw supervening indictment was on day of trial. Error was prejudicial because supervening indictment added another charge of interference in violation of Ariz. Rev. Stat. ? 13-1302.A.1.

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State v. Moreno-Medrano, 2 CA-CR 2007-0202, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 17, 2008, Filed
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Overview: Trial court did not abuse its discretion in denying defendant's motion to suppress his statement to police, because by stating that he understood his Miranda rights and then engaging in a course of conduct indicating waiver, defendant validly waived his rights to remain silent and to have counsel present.

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Valerie M. v. Ariz. Dep't of Econ. Sec., 1 CA-JV 07-0033, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, June 17, 2008, Filed
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Overview: An order terminating a mother's parental rights to her three children was upheld where the trial court correctly instructed the jury on the applicable burdens of proof pertaining to the state statutory termination grounds under Ariz. Rev. Stat. ?? 8-537(B) and 8-863(B) and the best interests determination under Ariz. Rev. Stat. ? 8-533(B).

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State v. Haight-Gyuro, 2 CA-CR 2007-0218, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 18, 2008, Filed
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Overview: Convictions were affirmed because the testimony and evidence were sufficient for the jury to conclude that the video recording accurately depicted the transaction in which the stolen credit card had been used, and both the credit card slip from the transaction and the transaction record were admitted without objection into evidence.

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Hetherington v. Hetherington, 1 CA-CV 07-0518, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, June 19, 2008, Filed
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Overview: Court did not err in marital dissolution case in ordering that community portion of husband's pension plan be divided by domestic relations order with applicable dates being marriage and date of service of petition for dissolution where lump sum based on wife's calculation would have awarded her portion of husband's post-service property earnings.

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In re Diodati, Arizona Supreme Court No. SB-07-0197-D/R, SUPREME COURT OF ARIZONA, June 19, 2008, Decided, June 19, 2008, Filed
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