Arizona, July, 2003, State Case law

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State Courts - Arizona - July 29 - August 12, 2003

State v. Smyers, 1 CA-CR 02-0422, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, July 29, 2003, Filed
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Overview: It was error not to sanitize name of prior conviction for attempted child abuse that would have been introduced in trial for furnishing harmful items to minor had defendant testified as jury could have speculated prior abuse was sexual misconduct.

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City of Phoenix v. Ariz. Dep't of Envtl. Quality, 1 CA-CV 02-0635, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, July 31, 2003, Filed
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Overview: Federal law concerning hazardous waste treatment did not expressly preempt Arizona's revised administrative hearing procedures and did not conflict with them. Arizona law did not conflict with the federal statute or its purposes and goals.

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Johnson v. Pointe Cmty. Ass'n, 1 CA-CV 02-0160, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, July 31, 2003, Filed
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Overview: In dispute concerning homeowner benefits and assurances declaration, summary judgment was improperly entered against homeowners', as association's findings were not entitled to deference and declaration did not provide for waiver of compliance.

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State v. Box, 2 CA-CR 2001-0491, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, July 31, 2003, Filed
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Overview: A police officer could make a traffic stop based on information reported by another officer, and marijuana found in the trunk was admissible evidence, as the driver was detained only briefly while the officer conducted a dog sniff search.

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Moulton v. Napolitano, 1 CA-CV 02-0642, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, August 5, 2003, Filed
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Overview: Where alternative fuel vehicle owners filed suit in superior court disputing legislative tax credits without exhausting administrative remedies before department of revenue, trial court did not err in dismissing their claims for lack of jurisdiction.

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Simms v. Napolitano, 1 CA-CV 02-0281, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, August 5, 2003, Filed
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Overview: Department of Gaming's powers derived from State's police powers and trial court erred in holding it did not have authority to deny gaming license applicant's request to withdraw his application when he found his application was going to be denied.

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Ariz. Water Co. v. Ariz. Dep't of Water Res., 1 CA-CV 02-0276, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, August 12, 2003, Filed
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Overview: The Arizona Department of Water Resources' groundwater conservation measures were inadequate because they failed to address water utilization by end users. However, the evidence did not support the amount of attorney fees awarded.

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Nangle v. Farmers Ins. Co., 1 CA-CV 02-0212, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, August 12, 2003, Filed
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Overview: Trial court erred by granting the insurer summary judgment in the insureds' suit to enforce loss coverage where the allegedly time-barred claim did not prejudice the insurer, and where the policy language impermissibly excluded innocent insureds.

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State v. Hazlett, 1 CA-CR 02-0713, 1 CA-CR 02-0743, 1 CA-CR 02-0810, 1 CA-CR 02-0888 (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, August 12, 2003, Filed
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Overview: Statutes addressing sexual exploitation of children were reasonably construed as requiring that the material prohibited depict an actual child actually engaged in real or simulated sexual exhibition and did not infringe on free speech rights.

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Torrez v. Knowlton, 2 CA-CV 2002-0087, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, August 12, 2003, Filed
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Overview: The deputy was privileged to arrest the citizen on an invalid warrant that was fair on its face; therefore, the trial court properly granted the sheriff and deputy summary judgment on the citizen's false arrest claim.

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