Arizona, July, 2007, State Case law

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State Courts - Arizona - July 11 - July 17, 2007

State v. Dixon, 2 CA-CR 2006-0203, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, July 11, 2007, Filed
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Overview: Defendant was properly convicted of theft of a means of transportation under Ariz. Rev. Stat. ? 13-1814(A) where the evidence showed that he began using an apparently abandoned vehicle, changed the appearance of the vehicle, and failed to attempt to identify the owner.

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Hanson v. Tempe Life Care Vill., Inc., 1 CA-CV 06-0274, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, July 12, 2007, Filed
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Overview: Summary judgment was improperly granted in favor of the nursing home where it was not entitled to recover monthly fees and charges assessed against the decedent after she vacated the facility; the agreement was terminated when she vacated, and she was not liable for charges after the date of termination.

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Lee v. State, 1 CA-CV 06-0145, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, July 12, 2007, Filed
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Overview: Dismissal of a negligence case against the State was proper because a surviving husband and surviving children did not comply with Ariz. Rev. Stat. ? 12-821.01(A) by simply mailing notice of their claim; they had to ensure the actual delivery of such to the appropriate person within the statutory time frame.

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State v. Pandeli, Arizona Supreme Court No. CR-06-0143-AP, SUPREME COURT OF ARIZONA, July 12, 2007, Filed
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Overview: Appellant's death sentence for first degree murder was affirmed where the Ariz. Rev. Stat. ? 13-703(F)(2) aggravating factor was properly applied, the jury instructions sufficiently defined heinous and depraved for purposes of Ariz. Rev. Stat. ? 13-703(F)(6), and the State had not improperly limited the mitigation evidence the jury could consider.

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State v. Salerno, 1 CA-CR 06-0661, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, July 12, 2007, Filed
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Overview: State's retention of seized property after criminal charges against the owner had been dismissed effected an invalid de facto forfeiture, notwithstanding that the statute of limitations on the charges had not expired, because there had been no hearing as to the property's status under Ariz. Rev. Stat. ? 13-3922 or the due process clause.

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Robson Ranch Quail Creek, LLC v. Pima County, 2 CA-CV 2006-0206, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, July 13, 2007, Filed
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Overview: Under Ariz. Rev. Stat. ? 11-821(D)(4), because county's sewer connection fees imposed on developer were funding mechanism, fees were subject to reasonable relationship requirement and had to relate to burden imposed by developer, who raised issue of material fact concerning fees. 2005 ordinance did not impair developer's rights under 1998 contract.

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PLM Tax Certificate Program 1991-92, L.P. v. Schweikert, 1 CA-CV 06-0467, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, July 17, 2007, Filed
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Overview: Purchaser of invalid tax liens could not maintain negligent misrepresentation claim against a county treasurer because the treasurer had no duty under Ariz. Rev. Stat. ? 42-18106 to determine the liens' potential invalidity; the purchaser was not entitled to rescission because the purchase did not create a contract that would support such a claim.

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State v. Connor, 1 CA-CR 05-0153, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, July 17, 2007, Filed
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Overview: Court did not err by denying defendant's request for victim's medical records because defendant claimed no knowledge of any violent tendencies of victim or any violent acts committed by him prior to their altercation and therefore any other acts of violence would not have been admissible to establish defendant's justification defense.

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State v. Rios, 1 CA-CR 05-1091, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, July 17, 2007, Filed
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Overview: At trial for felony murder under Ariz. Rev. Stat. ? 13-1105(A)(2) on a theory of accomplice liability under Ariz. Rev. Stat. ?? 13-301 and 13-303, the jury did not have to be instructed that defendant had to be a participant in the underlying felony because one did not need to be present at a crime in order to be convicted as an accomplice.

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State v. Wassenaar, 1 CA-CR 05-0765, 1 CA-CR 05-0975 (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, July 17, 2007, Filed
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Overview: Trial court did not abuse its discretion by designating defendant's case as complex under Ariz. R. Crim. P. 8.2(a)(1) because: (1) hundreds of people were involved in prison standoff; (2) case took nearly two months to try; and (3) it required a large amount of discovery that had to be disclosed to incarcerated defendant representing himself.

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