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   State Courts - Arizona - June 3 - June 16, 2003

  
Braden Trust v. County of Yuma, 1 CA-CV 01-0415, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, June 3, 2003, Filed
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Overview: Trial court did not err when it held that farm was not required to obtain building permits from county for construction of farm-worker housing on farm property, given statutes' broad language and legislative intent to aid agriculture in Arizona.

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Galati v. Am. W. Airlines, Inc., 1 CA-CV 02-0170, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, June 3, 2003, Filed
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Overview: Airline Deregulation Act preempted flight attendant's state cause of action for wrongful termination for reporting breach of federal statute and Arizona's Employment Protection Act did not contain public policy exception for federal whistleblowing.

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In re Maricopa County Superior Court No. MH 2002-000767, 1 CA-MH 02-0009, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, June 5, 2003, Filed
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Overview: Trial court's order for involuntary treatment was vacated, as there were not sufficient facts for it to conclude that medical resident who conducted psychiatric exam was supervised in examination by a physician, as required by statute.

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State ex rel. Romley v. Martin, Arizona Supreme Court No. CV-02-0267-PR, SUPREME COURT OF ARIZONA, June 5, 2003, Filed
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Overview: Defendants' prior convictions under the Arizona Drug Medicalization, Prevention, and Control Act could not be used for impeachment because their prior crimes were not punishable by death or imprisonment in excess of one year.

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State v. Siner, 1 CA-CR 01-1055, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, June 5, 2003, Filed
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Overview: As intentionally causing a particular result was not an element of drive-by shooting, doctrine of transferred intent did not apply to the crime. Also, jury instruction on transferred intent was not harmless. Thus, defendant's conviction was reversed.

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State v. Beasley, 1 CA-CR 01-0783, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, June 12, 2003, Filed
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Overview: Though trial court improperly admitted at trial evidence of nature of defendant's prior convictions, such was harmless error because evidence supporting defendant's guilt was overwhelming, including eyewitness identification and physical evidence.

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Duncan v. Scottsdale Med. Imaging, LTD., Arizona Supreme Court No. CV-02-0191-PR, SUPREME COURT OF ARIZONA, June 16, 2003, Filed
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Overview: A portion of the Arizona Medical Malpractice Act was unconstitutional, as it totally abrogated the common law claim of battery. A patient stated a battery cause of action, because the consent provided to a health care provider was ineffective.

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In re Moak, Arizona Supreme Court No. SB-03-0007-D, SUPREME COURT OF ARIZONA, June 16, 2003, Filed
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Overview: A suspension for six months and one day was appropriate in a case where the facts showed that an attorney engaged in a pattern of continuing misconduct over a one-year period during the representation of several personal injury clients.

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