Arizona, September, 2009, State Case law

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State Courts - Arizona - September 24 - October 20, 2009

State v. Jones, No. 1 CA-CR 07-0808, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, September 24, 2009, Filed
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State v. Lockwood, 2 CA-CR 2008-0157, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, September 24, 2009, Filed
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Grand v. Nacchio, 2 CA-CV 2009-0014, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, September 29, 2009, Filed
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Overview: The trial court properly dismissed the trust's securities fraud claims against appellees where its allegations fell short of demonstrating appellees had participated in the trust's purchases of company stock for purposes of Ariz. Rev. Stat. ? 44-2003(A). The trust's claim for control person and aiding and abetting liability were properly dismissed.

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In re MH 2008-001795, 1 CA-MH 08-0049, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, September 29, 2009, Filed
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Overview: Under Ariz. Rev. Stat. ? 36-501.12(A), a psychiatry resident working under a temporary permit was a licensed physician and was authorized to submit an affidavit to the superior court in support of a petition for court-ordered evaluation of a patient.

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M.D.C. Holdings, Inc. v. State ex rel. Ariz. Dep't of Revenue, 1 CA-TX 07-0011, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, October 6, 2009, Filed
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Overview: Department of Revenue improperly calculated the sales factor fraction of a taxpayer's corporate income tax apportionment formula under Ariz. Rev. Stat. ? 43-1131 as the taxpayer's costs of generating the income from the sales of servicing rights were mostly incurred in Colorado, and the income from should have been excluded from the sales factor.

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A Tumbling-T Ranches v. Flood Control Dist., No. 1 CA-CV 07-0453, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, October 8, 2009, Filed
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Am. Family Mut. Ins. Co. v. Grant, No. 1 CA-SA 09-0145, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, October 8, 2009, Filed
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In re MH 2008-002596, No. 1 CA-MH 09-0003, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, October 20, 2009, Filed
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Overview: In a commitment for involuntary mental health treatment, crisis specialist qualified as an acquaintance witness under Ariz. Rev. Stat. ? 36-539(B) because to exclude the specialist based on the length of time she had contact with the patient would exclude the very type of witness that the statute called for.

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Mousa v. Saba, 1 CA-CV 08-0276, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, October 20, 2009, Filed
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Overview: In a dispute alleging, among other things, breach of contract and unjust enrichment action, a trial court erred in granting summary judgment for a corporation because Ariz. Rev. Stat. ? 32-2152(A) did not prevent him from suing to recover the reasonable value of services provided.

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State v. Patterson, 1 CA-CR 08-0610, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, October 20, 2009, Filed
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Overview: In sentencing defendant for possession of narcotic drugs, a trial court did not err in finding that defendant was not eligible for probation under Ariz. Rev. Stat. ? 13-901.01(H)(1) because trial court properly reasoned that decision from Division 2 of the intermediate appellate court was not well-founded.

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