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   State Courts - Arizona - July 6 - July 18, 2000

  
Salerno v. Atlantic Mut. Ins. Co., 1 CA-CV 99-0311, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, July 6, 2000, Filed
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Overview: Court held that defendant insurance company could not escape liability under insurance contract due to plaintiffs' failure to give notice of claims within contract's time limits because defendant could not show prejudice.

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State v. Poyson, Arizona Supreme Court No. CR-99-0335-PR, SUPREME COURT OF ARIZONA, July 6, 2000, Filed
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Overview: Independent reweigh of aggravating and mitigating circumstances showed that even crediting appellant's cooperation, age, rehabilitation potential, and family support was not sufficiently substantial to call for leniency.

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In re Miers, Supreme Court No. SB-00-0056-D, SUPREME COURT OF ARIZONA, July 11, 2000, Decided , July 11, 2000, Filed
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Martin v. Martin, 1 CA-CV 99-0417, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, July 13, 2000, Filed
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Overview: Divorce decree provided child support payments were to be adjusted based on CPI, so later arrearage judgment including previously omitted adjustments was proper; payments were correctly applied first to interest, then to principal.

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State v. Gomez, 1 CA-CR 99-0152, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, July 13, 2000, Filed
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Overview: Police had reasonable basis to believe 911 caller was sufficiently reliable in reporting that defendant was waving a gun from a truck, as the call was traceable since it was made from her home, thus investigatory stop was proper.

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Western Agric. Ins. Co. v. Chrysler Corp., 1 CA-CV 99-0451, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, July 13, 2000, Filed
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Overview: In suit brought by insurer against car maker and dealer, appeal of denial of motion to compel arbitration could be taken to superior court. Agreement to arbitrate was binding, although parties were not all signatories.

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State v. Eagle, Supreme Court No. CR-98-0221-PR, SUPREME COURT OF ARIZONA, July 14, 2000, Decided
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In re Dawson, Arizona Supreme Court No. SB-00-0043-D, SUPREME COURT OF ARIZONA, July 18, 2000, Filed
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State v. Heath, Arizona Supreme Court No. CR-99-0466-PR, SUPREME COURT OF ARIZONA, July 18, 2000, Filed
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Overview: Judgment vacated and remanded. It was unclear whether the trial judge determined prior convictions would constitute felonies in Arizona; if trial judge made that determination, sentence was properly enhanced, if not, resentencing needed.

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State v. Morales, 2 CA-CR 99-0048, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, July 18, 2000, Filed
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Overview: Conviction for aggravated DUI affirmed where closing argument alleviated any ambiguity in jury instruction regarding impairment, and question to appellant on whether he thought officers were lying was not fundamental error.

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