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   State Courts - Arizona - June 5 - June 19, 2001

  
Cummins v. Mold-In Graphic Sys., 1 CA-CV 99-0559, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, June 5, 2001, Filed
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Overview: Employee's wrongful discharge claim based upon the public policy exception to the employment at-will doctrine failed on appeal because the employee failed to prove actual illegality of the conduct requested of him.

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State v. Weekley, 1 CA-CR 99-0897, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, June 5, 2001, Filed
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Overview: No Fourth Amendment violation where hotel staff's search of room constituted private, rather than state, action. Subsequent entries into room by police did not exceed scope of hotel staff's search; thus there was no Fourth Amendment violation.

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W. Maricopa Combine, Inc. v. Ariz. Dep't of Water Res., 1 CA-CV 00-0086, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, June 5, 2001, Filed
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Overview: Consent of streambed owners was not required before company could make beneficial use of an existing natural watercourse to move its appropriated water and for water storage purposes.

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In re Kyle M., 1 CA-JV 00-0179, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, June 7, 2001, Filed
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Overview: Juvenile violated the criminal statute prohibiting threatening or intimidating by expressing a threat which was objectively understood, under the circumstances, to be a serious expression of an intent to inflict bodily harm.

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Paradigm Ins. Co. v. Langerman Law Offices, P.A., Supreme Court No. CV-99-0412-PR, SUPREME COURT OF ARIZONA, June 13, 2001, Filed
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Overview: Where insurer said firm committed negligence in defending insurer and insured in medical malpractice case, express agreement was not prerequisite to formation of attorney-client relationship, and firm had duty to non-client.

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City of Tucson v. Grezaffi, 2 CA-CV 00-0172, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 15, 2001, Filed
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In re Griffith, Arizona Supreme Court No. SB-01-0041-D, SUPREME COURT OF ARIZONA, June 18, 2001, Decided , June 18, 2001, Filed
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In re Axen, Arizona Supreme Court No. SB-01-0093-D, SUPREME COURT OF ARIZONA, June 19, 2001, Decided , June 19, 2001, Filed
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Overview: Where attorney represented both client and lender in trustee sale, attorney failed to obtain consent or to explain potential conflict, and attorney converted funds for his own use, attorney was suspended for three years.

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In re Walker, Arizona Supreme Court No. SB-00-0096-D, SUPREME COURT OF ARIZONA, June 19, 2001, Filed
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Overview: Censure was proper because attorney did not intend to further his personal interests at the expense of his client's interests, the client's interests were not damaged, there were many mitigating factors, and there were no aggravating factors.

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State v. Viramontes, 2 CA-CR 00-0227, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, June 19, 2001, Decided
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Overview: Case remanded to trial court so that trial court could clarify ambiguity created by use of the term "presumptive" in its sentencing minute entry, and if appropriate, make any necessary corrections or, if necessary, resentence defendant.

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