Arizona, July, 2008, State Case law

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State Courts - Arizona - July 28 - July 29, 2008

In re Karber, Arizona Supreme Court No. SB-08-0087-D, SUPREME COURT OF ARIZONA, July 28, 2008, Decided, July 28, 2008, Filed
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In re Neumann, Supreme Court No. SB-08-0089-D, SUPREME COURT OF ARIZONA, July 28, 2008, Decided, July 28, 2008, Filed
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In re Stevens, Arizona Supreme Court No. SB-08-0050-D, SUPREME COURT OF ARIZONA, July 28, 2008, Decided, July 28, 2008, Filed
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State v. Anthony, Arizona Supreme Court No. CR-04-0098-AP, SUPREME COURT OF ARIZONA, July 28, 2008, Filed
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Overview: Trial court's application of wrong legal standard, in deciding whether defendant's prior bad acts, allegedly consisting of molesting wife's daughter, should be admitted under Ariz. R. Evid. 404(b) in defendant's murder trial, was not harmless error; proper question was if there was clear and convincing evidence that defendant molested daughter.

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Santa Fe Ridge Homeowners' Ass'n v. Bartschi, 1 CA-CV 07-0792, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, July 29, 2008, FiledFiled
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Overview: A lawsuit filed by a homeowners' association to compel a homeowner's compliance with its covenants, conditions, and restrictions was not an action affecting title to real property pursuant to Ariz. Rev. Stat. ? 12-1191 (Supp. 2007) and thus, the recordation by the homeowners' association was groundless.

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Sec. Title Agency, Inc. v. Pope, No. 1 CA-CV 07-0272, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, July 29, 2008, Filed
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Overview: The refusal to grant a judgment as a matter of law to title insurance company on a claim for aiding and abetting a breach of fiduciary duty was appropriate because sufficient evidence supported a conclusion that the employee breached her fiduciary duty by improperly soliciting a title agency's employees.

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State v. Armstrong, Arizona Supreme Court No. CR-06-0443-AP, SUPREME COURT OF ARIZONA, July 29, 2008, Filed
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Overview: Multiple murders aggravating factor under Ariz. Rev. Stat. ? 13-703(F)(8) was found where defendant killed his sister and her fiance to prevent the sister disclosing his involvement in another crime. Although he claimed that he killed the fiance because he hated him, his motive was inextricably intertwined with his motive for killing his sister.

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State v. Cheramie, Arizona Supreme Court No. CR-08-0001-PR, SUPREME COURT OF ARIZONA, July 29, 2008, Filed
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Overview: In a case in which defendant was indicted for transportation for sale of a dangerous drug under Ariz. Rev. Stat. ? 13-3407(A)(7), the trial court, which granted defendant's motion for judgment of acquittal on the transportation charge, properly instructed the jury on possession of a dangerous drug under ? 13-3407(A)(1).

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Strawberry Water Co. v. Paulsen, 1 CA-CV 06-0442, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, July 29, 2008, FiledFiled
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Overview: Property owners accused of converting water and tampering with a utility were entitled to a jury instruction on comparative fault under Ariz. Rev. Stat. ? 12-2506(A) because a predecessor in interest was responsible of placing the pipe that fed water to the pond directly from the utility company's line.

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