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   State Courts - Arizona - October 8 - October 17, 2002

  
In re Gertell, Arizona Supreme Court No. SB-02-0016-D, SUPREME COURT OF ARIZONA, October 8, 2002, Decided , October 8, 2002, Filed
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In re Seplow, Supreme Court No. SB-02-0108-D, SUPREME COURT OF ARIZONA, October 8, 2002, Decided , October 8, 2002, Filed
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Overview: The attorney negligently failed to supervise his non-lawyer employees, and the pattern of neglect caused injury and potential injury to the attorney's clients, resulting in censure and probation for the attorney.

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Knight Transp., Inc. v. Ariz. DOT, 1 CA-CV 01-0541, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, October 8, 2002, Filed
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Overview: Where company registered its trucks in Indiana under International Registration Plan, the Arizona Department of Transportation did have the statutory authority to assess interest on underpaid proportional registration fees.

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West v. State, 2 CA-CV 2001-0055, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, October 8, 2002, Filed
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Overview: Where sexually abused foster child brought a suit against her foster family, and was awarded damages in that suit, her subsequent suit against state was barred; she should have joined the state as a necessary party in the suit against the family.

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Medasys Acquisition Corp. v. SDMS, P.C., Arizona Supreme Court No. CV-02-0045-PR, SUPREME COURT OF ARIZONA, October 10, 2002, Filed
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Overview: A party's election of the equitable remedy of rescission did not preclude party from also receiving an award of punitive damages and was appropriate to penalize corporation for outwardly outrageous or fraudulent conduct coupled with an evil mind.

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State v. Stauffer, 2 CA-SA 2002-0067, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, October 10, 2002, Filed
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Overview: Witness in defendant's prosecution for an offense against a third person had the right to refuse to be interviewed by the defense under the Victims' Bill of Rights, as witness was a victim of defendant in an unrelated case.

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May v. McNally, Arizona Supreme Court No. CV-02-0215-PR, SUPREME COURT OF ARIZONA, October 11, 2002, Filed
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Overview: The 10 percent surcharge on criminal and civil fines required by the Act did not violate the First Amendment by impermissibly compelling the fine payers to support political candidates whom they might not otherwise support.

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State v. Minnitt, Arizona Supreme Court No. CR-99-0243-AP, SUPREME COURT OF ARIZONA, October 11, 2002, Filed
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Overview: The double jeopardy provision in the Arizona Constitution should have barred defendant's third retrial because in both the 1993 and 1997 trials the prosecutor engaged in extreme misconduct that he knew was grossly improper and highly prejudicial.

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Wilmot v. Wilmot, Arizona Supreme Court No. CV-02-0130-PR, SUPREME COURT OF ARIZONA, October 15, 2002, Filed
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Overview: Decedent's widow prosecuting a wrongful death case could not settle the case without the consent of the decedent's estranged children, and was obligated to notify the children, or their counsel, of a hearing on her motion to confirm a settlement.

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State v. Dean, 1 CA-CR 01-0827, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, October 17, 2002, Filed
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Overview: Motion to suppress evidence found pursuant to the search of a vehicle was reversed and remanded, as defendant could not evade the search of the his vehicle incident to arrest by running into the residence as soon as he was confronted by police.

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