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   State Courts - Arizona - August 12 - August 19, 2008

  
Arab Monetary Fund v. Hashim, 1 CA-CV 07-0550, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, August 12, 2008, Filed
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Overview: The costs judgment against the debtor was a premarital debt and thus, the marital community could not be responsible for the premarital obligation, Ariz. Rev. Stat. ¿ 25-215(B). Debtor's obligation to pay attorneys' fees arose out of receipt of property prior to his marriage; thus, conduct giving rise to the debt occurred prior to his marriage.

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In re Urbano, Arizona Supreme Court No. SB-08-0031-D/R, SUPREME COURT OF ARIZONA, August 12, 2008, Decided, August 12, 2008, Filed
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In re Crane, Supreme Court No. SB-08-0107-D, SUPREME COURT OF ARIZONA, August 13, 2008, Decided, August 13, 2008, Filed
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In re Hineman, Supreme Court No. SB-08-0108-D, SUPREME COURT OF ARIZONA, August 13, 2008, Decided, August 13, 2008, Filed
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In re McDonald, Supreme Court No. SB-08-0109-D, SUPREME COURT OF ARIZONA, August 13, 2008, Decided, August 13, 2008, Filed
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In re Member of the State Bar, Supreme Court No. SB-08-0114-D, SUPREME COURT OF ARIZONA, August 19, 2008, Decided, August 19, 2008, Filed
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Overview: Lawyer who violated her duties and obligations as a lawyer and member of the State Bar of Arizona was censured, placed on probation with the condition that she complete a study on the deadly sins of conflict, and ordered to pay the Bar costs, expenses, and interest, pursuant to Ariz. Sup. Ct. R. 60(b).

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Jenkins v. Hale, Arizona Supreme Court No. CV-08-0208-AP/EL, SUPREME COURT OF ARIZONA, August 19, 2008, Filed
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Overview: The signatures on a candidate's nominating petition were properly counted even though the signers had provided a post office box in the signature line because although Ariz. Rev. Stat. ¿ 16-315(A)(4) suggested that a residence address was intended, there was unrebutted evidence that county recorders had verified the signers as registered voters.

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Lofts at Fillmore Condo. Ass'n v. Reliance Commer. Constr., Arizona Supreme Court No. CV-07-0416-PR, SUPREME COURT OF ARIZONA, August 19, 2008, Filed
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Overview: Builder of homes who was not the seller of the residences could nevertheless be sued by the buyers of the residences for breach of the implied warranty of workmanship and habitability, and the absence of contractual privity did not bar such a suit.

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State v. Rodriguez-Rosario, 1 CA-CR 07-0438, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, August 19, 2008, Filed
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Overview: Where defendant was convicted by a jury of three drug offenses, the trial court abused its discretion by failing to grant a mistrial once the court learned upon polling the individual jurors pursuant to Ariz. R. Crim. P. 23.4 that one of the jurors disagreed with the guilty verdict and stated that he "just went along with it."

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Steven H. v. Ariz. Dep't of Econ. Sec., Arizona Supreme Court No. CV-08-0026-PR, SUPREME COURT OF ARIZONA, August 19, 2008, Filed
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Overview: Party seeking foster care placement of an Indian child under 25 U.S.C.S. ¿ 1912(e) was required to present expert testimony regarding the likelihood of future harm to the child; as long as the expert testimony addressed the issue that continued parental custody would likely result in emotional or physical harm, the statutory requirement was met.

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