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   State Courts - Arizona - July 9 - July 16, 2002

  
In re Estate of Fishman, Arizona Supreme Court No. CV-01-0351-PR, SUPREME COURT OF ARIZONA, July 9, 2002, Decided , July 9, 2002, Filed
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In re Hansen, Arizona Supreme Court No. SB-02-0076-D, SUPREME COURT OF ARIZONA, July 9, 2002, Decided , July 9, 2002, Filed
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In re Smith, Arizona Supreme Court No. SB-02-0063-D, SUPREME COURT OF ARIZONA, July 9, 2002, Decided , July 9, 2002, Filed
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Overview: Where lawyer had been disbarred by Arizona federal courts for repeated filing of frivolous lawsuits against government agencies, and Commission found five aggravating factors and only three mitigating factors, a one year suspension was proper.

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May v. McNally, Arizona Supreme Court No. CV-02-0215-PR, SUPREME COURT OF ARIZONA, July 9, 2002, Decided
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May v. Weisberg, Arizona Supreme Court No. CV-02-0206-SA, SUPREME COURT OF ARIZONA, July 9, 2002, Decided
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State v. Paxson, 1 CA-CR 00-0781, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, July 9, 2002, Filed
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Overview: Trial court erred when it denied defendant's use of "air bag" defense. Spontaneous deployment of passenger-side air bag with accompanying noise would not have been a reasonably anticipated event and could have been defense to vehicular manslaughter.

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In re Garcia, Arizona Supreme Court No. SB-02-0087-D, SUPREME COURT OF ARIZONA, July 10, 2002, Decided , July 10, 2002, Filed
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State v. Jones, Arizona Supreme Court No. CR-99-0536-AP, SUPREME COURT OF ARIZONA, July 10, 2002, Filed
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Overview: Defendant voluntarily, knowingly, and intelligently waived his right to counsel; thus, his statements were admissible. Because United States Supreme Court determined that death sentence procedure was unconstitutional, death sentence was not affirmed.

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Moschcau v. Mohave County ex rel. Nelson, 1 CA-CV 02-0039, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, July 11, 2002, Filed
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Overview: County's levy of a tax under the authority of state statute was a legislative act on the part of the county, not an administrative act, and therefore, residents could invoke the power of local initiative to attempt to repeal that tax.

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ESI Ergonomic Solutions,LLC v. UA Theatre Circuit, Inc., 1 CA-CV 01-0396, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, July 16, 2002, Filed
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Overview: Trial court abused its discretion by construing lack of other suits as weighing against superiority of business's class action and by considering potential resulting damages to appellees in denying motion for class certification.

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