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| David S. v. Audilio S., 2 CA-JV 00-0066,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, September 27, 2001, Filed
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Overview: A motion to dismiss for lack of jurisdiction was reversed because the trial court continued to have jurisdiction over the dependency petition when the parents relocated to Louisiana, and the child remained domiciled in Arizona.
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| Gamez v. Brush Wellman, Inc., 2 CA-CV 99-0208,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, September 27, 2001, Filed
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Overview: Employee failed to show employer intended to cause beryllium injury so claim under wilful misconduct exception to workers' compensation exclusivity failed; breach of contract and bad faith claims related to ERISA plan, so they were preempted.
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| In re Van Baalen, Supreme Court No. SB-01-0160-D,
SUPREME COURT OF ARIZONA, September 27, 2001, Decided , September 27, 2001, Filed
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Overview: Where attorney was found to have commingled client funds and to have failed to safeguard client property, as there were many mitigating circumstances, attorney was censured and placed on probation instead of being suspended from practicing law.
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| Snyder v. Tucson Police Pub. Safety Pers. Ret. Sys. Bd., 2 CA-CV 98-0126,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, September 27, 2001, Filed
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Overview: Statute did not bar deceased's parents from collecting retirement benefits owed to her estate from divorce settlement with ex-husband, but the benefits would cease upon the ex-husband's death.
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| Hullett v. Cousin, 1 CA-CV 00-0550,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, October 2, 2001, Filed
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Overview: Limited partnership's transfer of assets to limited partners was voidable as fraudulent. The partnership's final distributions to the limited partners were made without receiving a reasonably equivalent value in exchange.
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| State v. Sepulveda, 2 CA-CR 01-0129-PR,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, October 2, 2001, Filed
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Overview: Insofar as appellate court declined to apply rule in Apprendi v. New Jersey to claims raised in postconviction proceedings in cases that were final, it did not address the merits of petitioner's substantive Apprendi claim.
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| State v. Sierra-Cervantes, 1 CA-CR 00-0801,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, October 2, 2001, Filed
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Overview: Aside from posing an additional burden on the State, the jury instructions concerning self-defense did not confuse or mislead the jury. Taken as a whole, they contained no fundamental error.
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