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   State Courts - Arizona - October 6 - October 25, 2005

  
Acuna v. Kroack, 2 CA-CV 2005-0049, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, October 6, 2005, Filed
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Overview: The court reversed the apportionment of liability for a motor vehicle accident against a passenger on a motorist's negligent entrustment claim because there was no evidence to support that the passenger either knew or should have known that the driver was incompetent to drive when she permitted him to do so.

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In re Manny, 2 CA-JV 2005-0001, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, October 18, 2005, Filed
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Overview: Juvenile court erred in sentencing mother to a four-month jail term for contempt pursuant to Ariz. Rev. Stat. ? 12-863. Mother should have been sentenced under Ariz. Rev. Stat. ? 8-234 as it created the duty the mother breached and authorized the court's order that the mother later violated; superior courts did not have option of choosing.

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Ariz. Minority Coalition for Fair Redistricting v. Ariz. Indep. Redistricting Comm'n, 1 CA-CV 04-0061, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, October 21, 2005, Filed
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Overview: In deciding equal protection challenges to redistricting plans, a trial court erred in utilizing the strict scrutiny standard because there had been no unconstitutional discrimination against a suspect class warranting strict scrutiny review as plans did not impose severe restrictions that substantially burdened the right to vote.

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4501 Northwest LP v. Maricopa County, Arizona Supreme Court No. CV-05-0124-PR, SUPREME COURT OF ARIZONA, October 24, 2005, Decided
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Parrot v. DaimlerChrysler Corp., Arizona Supreme Court. No. CV-05-0104-PR, SUPREME COURT OF ARIZONA, October 24, 2005, Decided
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State v. Alire, Arizona Supreme Court No. CR-05-0136-PR, SUPREME COURT OF ARIZONA, October 24, 2005, Decided
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State v. Chiappetta, Arizona Supreme Court No. CR-05-0134-PR, SUPREME COURT OF ARIZONA, October 24, 2005, Decided
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State v. Glassel, Arizona Supreme Court No. CR-03-0022-AP, SUPREME COURT OF ARIZONA, October 24, 2005, Decided
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Overview: A court denied defendant's motion for reconsideration after upholding his murder conviction and death sentence because while court made error when it stated that trial court had prevented defendant from asking two jurors for their meaning of phrase "sufficiently substantial to call for leniency," error was not sufficient to require reconsideration.

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State v. Tankersley, Arizona Supreme Court No. CR-01-0446-PC, SUPREME COURT OF ARIZONA, October 25, 2005, Decided , October 25, 2005, Filed
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Overview: Following defendant's trial for first degree murder and sexual assault, additional DNA testing was performed; superior court's post-conviction order following an evidentiary hearing did not comply with Ariz. R. Crim. P. 32.8 because it did not facilitate review; superior court needed to enter specific findings of fact.

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