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   State Courts - Arizona - November 20 - November 27, 2001

  
In re Adam P., 1 CA-JV 01-0046, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, November 20, 2001, Filed
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Overview: Because a golf cart driven by juvenile fell within the definition of "vehicle, it was a "means of transportation." Thus, adjudication finding juvenile delinquent of theft of means of transportation was affirmed.

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In re Marriage of Robinson, 2 CA-CV 99-0203, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 20, 2001, Filed
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Overview: Vested employee stock options constituted income for purposes of calculating child support, but the appellate court declined to adopt a method of valuing such options, leaving that to the trial court's discretion.

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McEvoy v. Aerotek, Inc., 1 CA-CV 00-0521, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, November 20, 2001, Filed
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Overview: Plaintiff was the prevailing party and was entitled to an award of her costs. The trial court properly denied defendants' request for Ariz. R. Civ. P. 68(d) sanctions because plaintiff did not receive defendants' offer of judgment.

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State ex rel. Romley v. Fields, 1 CA-SA 01-0164, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, November 20, 2001, Filed
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Overview: The use of actuarial models by mental health experts to help predict a person's likelihood of recidivism was not the kind of novel scientific evidence or process to which Frye applied.

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Forest Guardians v. Wells, Arizona Supreme Court No. CV-00-0177-PR, SUPREME COURT OF ARIZONA, November 21, 2001, Filed
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Overview: State land commissioner was not permitted to reject a high bid for a grazing lease of school trust land without considering benefit to the land or the trust lands in general, merely because the high bidder proposed to rest and restore land.

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In re Anderson, Supreme Court No. SB-01-0173-D, SUPREME COURT OF ARIZONA, November 21, 2001, Decided , November 21, 2001, Filed
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Overview: Failure to respond to State Bar inquiries resulted in attorney censure.

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Hernandez v. State, 1 CA-CV 01-0008, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, November 23, 2001, Filed
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Overview: Where couple sued State for negligence after husband injured himself when he stepped off of a retaining wall, court did not err by excluding irrelevant state engineers' memo and by admitting notice of claim to impeach testimony.

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In re General Adjudication of All Rights to Use Water in the Gila River Sys. & Source, Supreme Court Nos. WC-90-0001-IR (Includes WC-90-0001-IR, WC-90-0002-IR, WC-90-0003-IR, WC-90-0004-IR, WC-90-0005-IR, WC-90-0006-IR, WC-90-0007-IR WC-79-0001, WC-79-0002, WC-79-0003, WC-79-0004) (Consolidated), SUPREME COURT OF ARIZONA, November 26, 2001, Filed
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Overview: The Arizona Supreme Court declined to use the practically irrigable acreage standard as the exclusive quantification measure for determining water rights on Indian lands because a permanent homeland required water for multiple uses.

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Hill v. Peterson, 2 CA-CV 98-0153, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 27, 2001, Filed
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Overview: Dismissal of tortious interference with prospective advantage was vacated, as trial court could have adjudicated physician's causes of action without determining whether his employer committed unfair labor practice.

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Phoenix Newspapers, Inc. v. Keegan, 1 CA-CV 00-0284, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, November 27, 2001, Filed
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Overview: Arizona's freedom of information law required disclosure of some but not all of the questions on the first form of the Arizona Instrument to Measure Standards exam. Trial court correctly balanced the competing interests.

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