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   State Courts - Arizona - July 17 - July 31, 2001

  
State v. Pandeli, Supreme Court No. CR 98-0376-AP, SUPREME COURT OF ARIZONA, July 17, 2001, Filed
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Overview: Defendant's confession was inadmissible under the statement against interest exception to the hearsay rule because he was available to testify and he could not then seek to introduce his statement yet at the same time avoid cross-examination.

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State v. Tschilar, 1 CA-CR 00-0495, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, July 17, 2001, Filed
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Overview: Where defendant was convicted of multiple counts of kidnapping and aggravated assault, the finding that his kidnapping victims were voluntarily released unharmed was not a factual decision for the jury.

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UNUM Life Ins. Co. of Am. v. Craig, Supreme Court No. CV-00-0184-CQ, SUPREME COURT OF ARIZONA, July 17, 2001, Filed
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Overview: Where husband and wife died at same time in car accident, and husband's insurance policies named wife as beneficiary, applicable rule of survival for designated beneficiary of policy indicated proceeds were to be paid to husband's estate.

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Banales v. Smith, 2 CA-CV 00-0169, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, July 19, 2001, Decided
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Overview: Because the father failed to object in the trial court to the lack of a finding as to which parent would facilitate continuing contact, the father waived that issue on appeal and the trial court's custody order was affirmed.

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In re Walker, Arizona Supreme Court No. SB-00-0096-D, SUPREME COURT OF ARIZONA, July 20, 2001, Decided , July 20, 2001, Filed
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Richards v. Steingard, Arizona Supreme Court No. CV-01-0131-PR, SUPREME COURT OF ARIZONA, July 23, 2001, Decided , July 23, 2001, Filed
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In re Sodikoff, Arizona Supreme Court No. SB-01-0133-R, SUPREME COURT OF ARIZONA, July 25, 2001, Decided , July 25, 2001, Filed
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Overview: Suspended attorney's motion verifying he was qualified for reinstatement to active bar membership was granted.

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Fisher v. City of Apache Junction, 2 CA-CV 00-0173, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, July 31, 2001, Filed
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Overview: Where resident filed a petition for writ of mandamus one day late, the petition was still timely filed because the last day for filing the petition fell on a Sunday.

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Horton v. Mitchell, 1 CA-CV 00-0500, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, July 31, 2001, Filed
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Overview: The trial court erred by concluding that the housing restrictions did not preclude the construction of a proposed roadway; thus it was ordered to enter judgment in favor of the plaintiffs for the requested injunctive relief.

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State v. Espinosa, 2 CA-CR 98-0131, 2 CA-CR 99-0444-PR (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, July 31, 2001, Filed
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Overview: Where defendant did not object before trial to the withdrawal of the plea agreement by the prosecutor, his post-conviction claim for relief should have been precluded.

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