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State Courts -
Arizona - November 29 - December 15, 2006
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Volunteer Ctr. of S. Ariz. v. Staples, 2 CA-CV 2006-0084,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 29, 2006, Filed
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Overview: Where nonprofit corporation met requirements of 26 U.S.C.S. § 501(c) and leased part of its property to another nonprofit corporation, the owner was entitled to have its entire property exempt from real property taxes under Ariz. Rev. Stat. §§ 42-11107, 42-1121 because Ariz. Rev. Stat. §§ 42-11154, 42-11155 allowed corporation to retain exemption.
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Taylor v. Cruikshank, 2 CA-SA 2006-0067, 2 CA-SA 2006-0078 (Consolidated),
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 30, 2006, Filed
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Overview: The seven-year statute of limitations under former Ariz. Rev. Stat. § 13-107(B) had expired by the time police recovered a DNA match to accused persons. Thus, trial courts abused their discretion in failing to dismiss indictments charging the accuseds of kidnapping, sexual assault, and sexual abuse.
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Smith v. Mitchell, 2 CA-SA 2006-0075,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, December 7, 2006, Filed
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Overview: In divorce matter in which wife appealed a commissioner's decree, and the matter was remanded, wife was entitled to exercise wife's previously unused right to request a change of judge, pursuant to Ariz. R. Civ. P. 42, because commissioner would be required to determine anew property ownership, which was de novo redetermination of remanded issues.
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Lohmeier v. Hammer, 1 CA-CV 05-0764,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, December 12, 2006, Filed
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Overview: In a husband and his wife's personal injury and loss of consortium action against a driver, whose vehicle rear-ended the husband's vehicle, a biomechanical expert's testimony was admissible under Ariz. R. Evid. 702, 704 and not subject to a Frye hearing when the testimony was based on his own experience and research.
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