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   State Courts - Arizona - August 20 - August 27, 2002
  
Hughes v. Martin, Arizona Supreme Court No. CV-02-0222-AP/EL, SUPREME COURT OF ARIZONA, August 20, 2002, Filed
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Overview: Two voter-approved propositions did not conflict, and as such, the state mine inspector could serve a four-year term and was limited to four consecutive terms.

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State v. Prion, Supreme Court No. CR-99-0378-AP, SUPREME COURT OF ARIZONA, August 20, 2002, Filed
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Overview: Where defendant was convicted of murder, kidnapping, and aggravated assault, it was reversible error to exclude third party culpability evidence and to not sever the crimes against the second victim from the murder of the first victim.

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DUWA, Inc. v. City of Tempe, 1 CA-CV 01-0598, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, August 22, 2002, Filed
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Overview: After a proposed redevelopment plan, where business failed to demonstrate that city either physically invaded its property or otherwise exercised dominion or control over its property, a de facto taking of the business's property did not occur.

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State v. Fell, 2 CA-SA 2002-0048, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, August 22, 2002, Filed
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Overview: The real party in interest was charged with DUI after she drove away from her home, fearing that her husband would return. Defense of necessity was not extended to DUI offenses, and the trial court erred in ruling otherwise.

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Hernandez v. State, Arizona Supreme Court No. CV-01-0437-PR, SUPREME COURT OF ARIZONA, August 26, 2002, Filed
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Overview: Supreme Court of Arizona conclude that rule of evidence dealing with admissibility of offers of compromise did not preclude use of impeachment materials contained in notice of claim when evidence was introduced to impeach party's credibility.

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Leland v. Halstead, Arizona Supreme Court No. CV-02-0061-PR, SUPREME COURT OF ARIZONA, August 26, 2002, Decided , August 26, 2002, Filed
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Krohn v. Sweetheart Prop. (In re Krohn), Arizona Supreme Court No. CV-01-0246-CQ, SUPREME COURT OF ARIZONA, August 27, 2002, Filed
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Overview: Trustee's sale of real property under a deed of trust in compliance with applicable law could have been set aside solely on the basis that the bid price was grossly inadequate, which was proof of unfairness.

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Long v. Napolitano, 1 CA-CV 02-0036, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, August 27, 2002, Filed
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Overview: Part of tourism and sports authority legislation that allowed authority to pledge "all" monies received by it violated constitutional state-debt restriction. However, balance of section that permitted authority to pledge "part" of monies was valid.

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Tenet HealthSystem TGH, Inc. v. Silver, 2 CA-CV 2001-0172, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, August 27, 2002, Filed
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Overview: Trial court erroneously found that credit purchase of a secured property at a trustee's sale extinguished the guarantors' liability, where language in a guaranty declared the guarantor's liability was "absolute, unconditional, and irrevocable."

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