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   State Courts - Arizona - December 21, 2000

  
Carrington v. Arizona Corp. Comm'n, CA-CV 00-0257, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, December 21, 2000, Filed
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Overview: State agencies were acting within their authority when they issued subpoenas requiring entrepreneur, who sold life insurance policies of terminally ill persons, to provide testimony and produce certain documents.

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In re Dayvid S., 1 CA-JV 00-0112, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, December 21, 2000, Filed
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Overview: Finding of delinquency was upheld because there was sufficient evidence to support the finding, and the statute was not vague or overbroad because a person of ordinary intelligence could determine what conduct fell within the acts prohibited.

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In re Mettler, Arizona Supreme Court No. SB-00-0059-D, SUPREME COURT OF ARIZONA, December 21, 2000, Decided , December 21, 2000, Filed
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In re United States Currency in the Amount of $26,980.00, 2 CA-CV 00-0051, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, December 21, 2000, Filed
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Overview: County failed to prove by preponderance of evidence that seized currency was traceable to drug activity, so court properly ordered county to return the funds; case was remanded for award of interest earned plus post-judgment interest.

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Leal v. Allstate Ins. Co., 1 CA-CV 00-0041, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, December 21, 2000, Filed
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Overview: Because the insurance company owed no duty to third parties injured by negligence of its insured to negotiate a settlement in good faith, the trial court properly dismissed the complaint for failure to state a claim.

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Robertson v. Motor Cargo, 1 CA-CV 97-0395, 1 CA-CV 98-0186 (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, December 21, 2000, Decided , December 21, 2000, Filed
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State v. Anderson, 1 CA-CR 99-0840, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, December 21, 2000, Filed
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Overview: Stalking statute was unconstitutionally vague because it proscribed essentially the same conduct as both a class 3 felony and a class 5 felony; remanded to determine whether defendant understood consequences of admissions at sentencing.

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State v. Canion, 1 CA-CR 99-0255, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, December 21, 2000, Filed
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Overview: Defendant's convictions for felony murder and second degree murder should not have been merged because the convictions were for the same act.

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Zuther v. State, Supreme Court No. CV-99-0425-PR, SUPREME COURT OF ARIZONA, December 21, 2000, Filed
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Overview: New gate money statutes were applicable to an inmate, who was convicted of a felony prior to the enactment of these new laws, as the inmate was not released prior to the effective date of the new laws.

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