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   State Courts - Arizona - November 21 - December 3, 2002

  
Jacobson v. Anderson, 1 CA-SA 02-0250, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, November 21, 2002, Filed
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Overview: Defendant was entitled to demonstrate that her proposed experts were reasonably necessary to her defense because she was indigent; the trial court was to reconsider defendant's motion for the appointment of such experts at State expense.

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State v. Griffin, 2 CA-CR 2001-0020, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 21, 2002, Filed
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Overview: Defendant's prohibited possessor conviction was vacated as retroactive application of the amended statute impermissibly altered the legal consequences of defendant's prior conviction, which had not suspended his vested right to possess a firearm.

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Webber v. Grindle Audio Prods., 1 CA-CV 02-0008, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, November 21, 2002, Filed
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Overview: Trial court properly declared judgment liens filed by creditor corporations and their owner to be invalid, as the debtor's bankruptcy discharge rendered the default judgment, upon which the liens were based, void.

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Canady v. Prescott Canyon Estates Homeowners Ass'n, 1 CA-CV 02-0138, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, November 26, 2002, Filed
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Overview: A homeowners association's refusal to waive minimum age restrictions in its community to reasonably accommodate the needs of prospective purchasers, whose disabled son lived with them, constituted housing discrimination.

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Parker v. Ariz. Interscholastic Ass'n, 1 CA-CV 01-0364, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, November 26, 2002, Filed
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Overview: The transfer rule of an interscholastic association did not conflict with Arizona's open enrollment policy, nor did it violate the Equal Protection Clauses of the Arizona and United States Constitutions.

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Parking Concepts, Inc. v. Tenney, 1 CA-CV 00-0129, 1 CA-CV 01-0600, 1 CA-CV 02-0026 (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, November 26, 2002, Filed
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Overview: A finding against an insurance company in a garnishment and recission proceeding was improper, where the risk of the loss of real estate licenses should not have been considered, as that was a consequence against which the policy did not insure.

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Empress Adult Video & Bookstore v. City of Tucson, 2 CA-CV 2000-0079, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 27, 2002, Filed
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Overview: Statutory closing-hours were valid and enforceable, as applied to adult theater, and invalid and unenforceable, as applied to adult arcade, adult bookstore or video store, and adult motion picture theater; invalid portion of statute was severable.

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Kennedy v. City of Tucson, 2 CA-CV 2002-0053, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 27, 2002, Filed
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Overview: Superior court did not abuse its discretion in declining jurisdiction on a special action petition filed by landfill managers, as they were not entitled to a jury trial on pending misdemeanor charges and civil infractions in the city court.

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State v. Christian, Arizona Supreme Court No. CR-02-0233-PR, SUPREME COURT OF ARIZONA, December 3, 2002, Decided
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