Arizona, November, 2003, State Case law

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State Courts - Arizona - November 20 - December 4, 2003

Aegis of Ariz., L.L.C. v. Town of Marana, 2 CA-CV 2003-0057, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 20, 2003, Filed
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Overview: Town's motion for judgment as a matter of law should have been granted because developer failed to show denial of due process or equal protection rights under ? 1983 where it had no protected right to use property for medical waste treatment.

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Jimenez v. Wal-Mart Stores, Inc., 2 CA-CV 2003-0017, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 20, 2003, Filed
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Overview: Denial of the motion for new trial was proper as the disclosure rule was not violated and the couple was not surprised, and judgment for the store was upheld as the evidentiary rulings were proper and the couple failed to show judicial misconduct.

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State v. Cowles, 1 CA-HC 02-0013, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, November 25, 2003, Filed
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Overview: Trial court erred in releasing an inmate from incarceration by way of a habeas corpus writ, as the community supervision period on the inmate's earlier conviction did not expire during his incarceration on a subsequent conviction.

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Eaton v. Ariz. Health Care Cost Containment Sys., 2 CA-CV 2003-0068, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, November 26, 2003, Filed
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Overview: State could not compromise federal portion of a Medicaid lien: when a personal injury settlement or award provided sufficient funds to a recipient to reimburse Medicaid lien in full, the federal portion of that lien amount had to be fully reimbursed.

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State v. George, 2 CA-CR 2002-0307, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 26, 2003, Filed
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Overview: State failed to introduce evidence from which jurors could conclude that defendant committed aggravated assault causing serious physical injury, but introduced sufficient evidence to support a conviction. Judgment was modified accordingly.

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State v. Gonzales, 1 CA-CR 02-0971, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, December 2, 2003, Filed
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Overview: Defendant's DUI convictions were upheld, as the rebuttable presumption of receipt of notice applied to the cancellation of a driver's license, in that the legislature intended to establish the presumption as a matter of public policy.

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Bennett v. Napolitano, Arizona Supreme Court No. CV-03-0245-SA, SUPREME COURT OF ARIZONA, December 4, 2003, Filed
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Overview: In legislators' special action challenging the governor's use of the line item veto in connection with the legislative budget package, relief was denied; the legislators lacked standing to challenge the governor's vetoes.

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Bilke v. State, Arizona Supreme Court No. CV-03-0034-PR, SUPREME COURT OF ARIZONA, December 4, 2003, Filed
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Overview: Court approved court of appeals' decision that it had jurisdiction to hear an appeal; interlocutory judgment could be appealed under applicable statute, where trial judge expressly directed that the only issue remaining was the amount of recovery.

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Downs v. Scheffler, 1 CA-CV 02-0562, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, December 4, 2003, Filed
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Overview: Order confirming the mother as the child's legal custodian was reversed, as the trial court failed to make the findings of fact required, precluded the grandmother from cross-examining an expert witness, and failed to address grandparent visitation.

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Parent v. McClennen, 1 CA-SA 03-0185, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, December 4, 2003, Filed
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Overview: It was error for the trial court to have granted the State's motion to allege priors to enhance a defendant's sentence after the guilty plea had been entered and accepted and jeopardy had attached.

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