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   State Courts - Arizona - July 17 - July 29, 2002

  
STATE v. RING, Arizona Supreme Court No. CR-97-0428-AP, Arizona Supreme Court No. CR-99-0378-AP, Arizona Supreme Court No. CR-99-0243-AP, Arizona Supreme Court No. CR-01-0272-AP, Arizona Supreme Court No. CR-99-0536-AP, Arizona Supreme Court No. CR-99-0439-AP, Arizona Supreme Court No. CR-00-0328-AP, Arizona Supreme Court No. CR-00-0360-AP, Arizona Supreme Court No. CR-00-0447-AP, Arizona Supreme Court No. CR-01-0275-AP, Arizona Supreme Court No. CR-00-0508-AP, Arizona Supreme Court No. CR-00-0544-AP, Arizona Supreme Court No. CR-00-0595-AP, Arizona Supreme Court No. CR-01-0091-AP, Arizona Supreme Court No. CR-01-0100-AP, Arizona Supreme Court No. CR-01-0103-AP, Arizona Supreme Court No. CR-01-0129-AP, Arizona Supreme Court No. CR-01-0270-AP, Arizona Supreme Court No. CR-01-0421-AP, Arizona Supreme Court No. CR-02-0042-AP, Arizona Supreme Court No. CR-02-0044-AP, Arizona Supreme Court No. CR-99-0296-AP, Arizona Supreme Court No. CR-99-0551-AP, Arizona Supreme Court No. CR-99-0438-AP, Arizona Supreme Court No. CR-98-0289-AP, Arizona Supreme Court No. CR-98-0376-AP, Arizona Supreme Court No. CR-97-0317-AP, Arizona Supreme Court No. CR-98-0488-AP, Arizona Supreme Court No. CR-97-0349-AP, Arizona Supreme Court No. CR-98-0278-AP, SUPREME COURT OF ARIZONA, July 17, 2002, Decided , July 17, 2002, Filed
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Jesus M. v. Ariz. Dep't of Econ. Sec., 2 CA-JV 2001-0095, 2 CA-JV 2001-0097 (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, July 18, 2002, Filed
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Overview: Appellate court rejected father's suggestion that it ignore four years he already spent in incarceration and instead focus on amount of time remaining on sentence. Entire period of absence from home relevant in termination of parental rights cases.

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Robson Ranch Mts., L.L.C. v. Pinal County, 2 CA-CV 2002-0054, 2 CA-CV 2002-0060 (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, July 18, 2002, Filed
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Overview: Referendum petitions challenging county rezoning ordinance were untimely; the 30-day time period for filing petitions commenced when ordinance was enacted, not when elections director obtained ordinance and provided it to the referendum proponent.

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Powers v. Carpenter, Arizona Supreme Court No. CV-02-0227-AP/EL, SUPREME COURT OF ARIZONA, July 22, 2002, Decided
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Hughes v. Jorgenson, Arizona Supreme Court No. CV-01-0336-PR, SUPREME COURT OF ARIZONA, July 23, 2002, Filed
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Overview: Conflict of interest charge was dismissed when absent any proof of non-remote pecuniary or proprietary interests, the finding of probable cause was in error.

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State ex rel. Romley v. Martin, 1 CA-SA 02-0125, 1 CA-SA 02-0126, (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, July 23, 2002, Filed
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Overview: Special jurisdiction was accepted and the trial court properly denied State's request to use felony convictions sentenced under probation for persons convicted of personal possession and use of controlled substances for impeachment purposes.

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Logan v. Forever Living Prods. Int'l, Inc., Arizona Supreme Court No. CV-01-0367-PR, SUPREME COURT OF ARIZONA, July 25, 2002, Filed
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Overview: Employer who, by his agent, terminated an employee for refusing to be the victim of workplace extortion because the employee would not sell his land to the employer at the employer's price was subject to a wrongful termination suit.

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Moore v. Browning, 2 CA-SA 2002-0021, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, July 25, 2002, Filed
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Overview: Arizona Uniform Fraudulent Transfer Act (UFTA) displaced common law cause of action for fraudulent conveyance. Accordingly, creditor had to file amended complaint alleging fraudulent transfer within one year of actual or constructive discovery.

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Paxson v. Glovitz, 1 CA-CV 01-0571, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, July 25, 2002, Filed
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Overview: A prescriptive easement was established as a matter of law where easement was created in 1979 and had been actually and visibly used since that time, a period of more than 10 years, even thought the easement had never been recorded.

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State v. Smith, Supreme Court No. CR-01-0272-AP, SUPREME COURT OF ARIZONA, July 29, 2002, Filed
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Overview: Defendant's hybrid motion for a change of venue and a change of judge was properly treated as a motion for change of judge because motion for change of venue specifically excluded motions based on "the interest or prejudice of the trial judge."

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