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   State Courts - Arizona - November 30 - December 1, 2004

  
Ariz. Dep't of Econ. Sec. v. Oscar O., 2 CA-JV 2003-0075, 2 CA-JV 2003-0076, 2 CA-JV 2003-0077 (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 30, 2004, Filed
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Overview: Court erred in denying motion to sever father's parental rights to his children because children considered aunt and uncle, with whom they had been living, to be their parents; there was no evidence that children's visits with father were beneficial.

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Canion v. Cole, Arizona Supreme Court No. CV-04-0243-PR, SUPREME COURT OF ARIZONA, November 30, 2004, Decided
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John F. Long v. City of Glendale, Arizona Supreme Court No. CV-04-0266-PR, SUPREME COURT OF ARIZONA, November 30, 2004, Decided
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Schalkenbach v. Lincoln Found., Arizona Supreme Court No. CV-04-0299-PR, SUPREME COURT OF ARIZONA, November 30, 2004, Decided
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State v. Barnett, 2 CA-CR 2003-0386, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, November 30, 2004, Filed
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Overview: A trial court properly dismissed charges against defendant for possessing a deadly weapon by a prohibited possessor because at the time when defendant was arrested for the weapon offense, he had not yet been sentenced for prior drug convictions.

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State v. Dewakuku, Arizona Supreme Court No. CR-04-0329-PR, SUPREME COURT OF ARIZONA, November 30, 2004, Decided
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State v. Martinez, 1 CA-CR 03-0728, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, November 30, 2004, Filed
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Overview: Life sentence for first-degree murder was affirmed, as the trial court's imposition of a statutory sentence that fell within the range authorized by a jury's verdict comported with the U.S. Supreme Court decision in Blakely.

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State v. Smith, Arizona Supreme Court No. CR-04-0240-PR, SUPREME COURT OF ARIZONA, November 30, 2004, Decided
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United Effort Plan Trust v. Holm, 1 CA-CV 04-0175, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, November 30, 2004, Filed
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Overview: Dismissal of a property owner's forcible retainer action was proper, as a genuine dispute existed that could only be resolved beyond the limitations of a summary forcible-detainer action and in the context of a conventional civil action.

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Lachter v. Smith (In re Smith), Arizona Supreme Court No. CV-04-0153-CQ, SUPREME COURT OF ARIZONA, December 1, 2004, Filed
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Overview: In answering certified questions, it was determined that the time for filing a renewal affidavit was not extended by an automatic stay in bankruptcy; however, affidavits were timely filed due to an extension of renewal deadline under bankruptcy law.

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