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   State Courts - Arizona - August 25 - August 28, 2003
  
Bunkers Glass Co. v. Pilkington PLC, Arizona Supreme Court No. CV-02-0140-PR, Arizona Supreme Court No. CV-02-0175-PR, SUPREME COURT OF ARIZONA, August 25, 2003, Filed
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Overview: Arizona Antitrust Act provision that permitted a "person" to sue to redress an antitrust injury did not restrict the right of action to direct purchasers injured by violations of the Act or preclude indirect purchasers from suing.

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State v. Prince, Arizona Supreme Court No. CR-00-0328-AP, SUPREME COURT OF ARIZONA, August 25, 2003, Filed
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Overview: Judge's unconstitutional imposition of death penalty against defendant was not harmless, as there was evidence from which jury could have found that aggravating circumstance was not established and that mitigating circumstance was established.

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Citizens Telcoms. Co. v. Ariz. Dep't of Revenue, 1 CA-TX 02-0017, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, August 26, 2003, Filed
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Overview: Trial court erred when it granted summary judgment to Arizona Department of Revenue against regional telecommunications company on the issue of whether property of the company and local carriers, as comparison taxpayers, was functionally equivalent.

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Maricopa County v. Barfield, 1 CA-CV 01-0438, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, August 26, 2003, Filed
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Overview: Grant of summary judgment to patient's law firm and insurer for third-party tortfeasor, liable to patient for his injuries, was correct: county could not enforce healthcare lien against either defendant, as they were not responsible for injuries.

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Shamrock v. Wagon Wheel Park Homeowners Ass'n, 1 CA-CV 02-0403, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, August 26, 2003, Filed
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Overview: Mandatory membership in newly created homeowners' association could not be imposed on residents of existing subdivision, where deed restrictions to that effect did not exist during relevant time period and summary judgment for lot owners was proper.

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State v. Story, 1 CA-CR 02-0363, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, August 26, 2003, Filed
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Overview: Convictions for possession of dangerous drugs and possession of drug paraphernalia together constituted defendant's first strike under Proposition 200, and the trial court erred in designating each offense as a separate strike under Proposition 200.

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State v. Torres, 1 CA-CR 02-0278, 1 CA-CR 02-0279 (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, August 28, 2003, Filed
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Overview: A superior court erred in declining to consider defendant's request for new counsel, as the court was required to protect defendant's right to adequate legal representation by conducting an inquiry into the basis for the request.

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