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   State Courts - Arizona - June 27, 2002

  
Liristis v. Am. Family Mut. Ins. Co., 1 CA-CV 00-0539, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, June 27, 2002, Filed
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Overview: Trial court improperly granted the insurer's summary judgment motion based on the insureds' claim for mold, as the policy did not expressly exclude mold, but rather, losses resulting from the mold.

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McNutt v. McNutt, 1 CA-CV 01-0255, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, June 27, 2002, Filed
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Overview: Trial court erred by attributing additional income to a father in a child custody determination based on the 80-hour workweek he had once worked. The phrase "full-time employment" in guidelines could encompass more than a 40 hour workweek.

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STATE v. RING, Arizona Supreme Court No. CR-97-0428-AP, Arizona Supreme Court No. CR-99-0378-AP, Arizona Supreme Court No. CR-99-0243-AP, Arizona Supreme Court No. CR-01-0272-AP, Arizona Supreme Court No. CR-00-0161-AP, Arizona Supreme Court No. CR-99-0536-AP, Arizona Supreme Court No. CR-99-0439-AP, Arizona Supreme Court No. CR-00-0328-AP, Arizona Supreme Court No. CR-00-0360-AP, Arizona Supreme Court No. CR-00-0447-AP, Arizona Supreme Court No. CR-01-0275-AP, Arizona Supreme Court No. CR-00-0508-AP, Arizona Supreme Court No. CR-00-0544-AP, Arizona Supreme Court No. CR-00-0595-AP, Arizona Supreme Court No. CR-01-0091-AP, Arizona Supreme Court No. CR-01-0100-AP, Arizona Supreme Court No. CR-01-0103-AP, Arizona Supreme Court No. CR-01-0129-AP, Arizona Supreme Court No. CR-01-0270-AP, Arizona Supreme Court No. CR-01-0421-AP, Arizona Supreme Court No. CR-02-0042-AP, Arizona Supreme Court No. CR-02-0044-AP, Arizona Supreme Court No. CR-99-0296-AP, Arizona Supreme Court No. CR-99-0551-AP, Arizona Supreme Court No. CR-99-0438-AP, Arizona Supreme Court No. CR-98-0289-AP, Arizona Supreme Court No. CR-98-0376-AP, Arizona Supreme Court No. CR-97-0317-PR, Arizona Supreme Court No. CR-98-0488-AP, Arizona Supreme Court No. CR-97-0349-AP, Arizona Supreme Court No. CR-98-0278-AP, SUPREME COURT OF ARIZONA, June 27, 2002, Decided
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Overview: After the death penalty statute was declared unconstitutional, the supreme court issued a case management order consolidating 31 capital cases pending before it setting forth the issues to be briefed and a briefing schedule.

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State v. Carlson, Arizona Supreme Court No. CR-00-0161-AP, SUPREME COURT OF ARIZONA, June 27, 2002, Filed
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State v. Carrasco, 1 CA-CR 01-0876, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, June 27, 2002, Filed
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Overview: DUI conviction was affirmed when there was no abuse of discretion in denying motion to suppress blood alcohol test results, as the person who drew defendant's blood was competent, by reason of training or experience in phlebotomy.

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State v. Joachim, 1 CA-CR 01-0726, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, June 27, 2002, Filed
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Overview: Statute that was enacted to provide an avenue for property owners, whether criminal suspects or not, to controvert a search warrant, was not intended to bind a superior court with the pretrial rulings of a justice of the peace in a civil matter.

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State v. Ryan, Arizona Supreme Court No. CR-01-0329-PR, SUPREME COURT OF ARIZONA, June 27, 2002, Decided , June 27, 2002, Filed
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State v. Schaffer, 1 CA-CR 01-0453, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, June 27, 2002, Filed
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Overview: Prosthetic device could be "dangerous instrument" within meaning of aggravated assault statute and was question for jury. Trial court erred when it dismissed, on defense motion, charge of aggravated assault with prosthetic arm.

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Thomas v. Thomas, 1 CA-CV 01-0086, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, June 27, 2002, Filed
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Overview: Trial court erred when it awarded an adoptive mother and her former domestic partner joint custody of child, as applicable statute required findings that made it impossible for court to properly award custody to both legal and non-legal parent.

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