Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
23208-1
|
Butko v. Stewart Title Co. of Washington Inc.
Summary judgment improper where factual issues exist with respect to conversion claims on real estate loans and transactions. |
Torts |
|
May 1, 2001 | |
22766-5
|
State v. Reyes
Drug evidence inadmissable where state fails to show that officers would have inevitably discovered drugs during warrantless search. |
Criminal Law and Procedure |
|
May 1, 2001 | |
23420-3-II
|
First American Title Insurance Co. v. Dept. of Revenue
Title insurer must pay business and occupation tax only on portion of customer premiums related to insurance. |
Taxation |
|
May 1, 2001 | |
21677-9
|
State v. Bauer
Search warrant based on informant's statements is legally valid where informant is reliable and has personal knowledge of accused's criminal activities. |
Criminal Law and Procedure |
|
May 1, 2001 | |
00-3293
|
Hemby v. Hannigan
Order |
Criminal Law and Procedure |
|
May 1, 2001 | |
00-203
|
U.S. v. Cleveland Indians Baseball Co.
Baseball team that owes back wages is subject to tax rates for year they are paid, not year they were due. |
Taxation |
|
May 1, 2001 | |
99-0388
|
Philadelphia Indemnity Insurance Co. v. Barerra
Exclusion provision of car rental insurance agreement, contrary to ordinary customer's reasonable expectations, is unenforceable. |
Insurance |
|
May 1, 2001 | |
99-1864
|
Hunt v. Cromartie
District boundaries didn't violate Equal Protection where challengers failed to show that race predominated decision of where to draw district lines. |
Constitutional Law |
|
May 1, 2001 | |
99-1613
|
Shaw v. Murphy
Prison inmates do not enjoy enhanced free speech rights when providing legal advice to fellow inmates. |
Prisoners Rights |
|
May 1, 2001 | |
00-5229
|
U.S. v. Lowe
Order |
Criminal Law and Procedure |
|
May 1, 2001 | |
99-4243
|
Peterson v. Federal Trade Commission (In re Peterson)
Order |
Administrative Agencies |
|
May 1, 2001 | |
00-0085
|
Hanley v. The Industrial Commission of Arizona
Statute exempting 50 percent of employee/obligor's 'disposable earnings' from orders of assignment does not exempt workers' compensation benefits. |
Family Law |
|
May 1, 2001 | |
00-3067
|
U.S. v. Keifer
Order |
Criminal Law and Procedure |
|
May 1, 2001 | |
00-3253
|
U.S. v. Helbach
Order |
Criminal Law and Procedure |
|
May 1, 2001 | |
99-0227
|
State v. McCann
Rebuttable presumption of regularity attaches to prior convictions used to enhance sentence or as element of crime. |
Criminal Law and Procedure |
|
May 1, 2001 | |
00-2152
|
Curley v. Perry
Inmate's suit was properly dismissed for failure to state claim because no amendment could cure complaint, and statute was constitutional. |
Civil Procedure |
|
May 1, 2001 | |
01-2077
|
U.S. v. Cortez
Order |
Criminal Law and Procedure |
|
May 1, 2001 | |
00-0085
|
In the Matter of a Member of the State Bar of Arizona
When conduct and criminal convictions do not present case serious enough to warrant two-year suspension, six month suspension is appropriate. |
Attorneys |
|
May 1, 2001 | |
00-0118
|
Siporin v. Carrington
Purchaser entitled to rescind investments qualifying as securites under Arizona Securites Act when they are not registered as required. |
Securities |
|
May 1, 2001 | |
00-0242
|
State v. Rodriguez
Case remanded when record does not support court's imposition of prison sentence instead of suspended sentence and probation as provided by statute. |
Criminal Law and Procedure |
|
May 1, 2001 | |
00-0053
|
Douglas Auto & Equipment v. The Industrial Commission of Arizona
Workers' compensation benefits award is set aside where lower court did not specify reasons for granting award despite employee's delay in reporting injury. |
Employment Law |
|
May 1, 2001 | |
00-0284
|
State v. Paleo
Waiver of preemptory strikes during jury selection is insufficient alone to establish prima facie case of discrimination. |
Criminal Law and Procedure |
|
May 1, 2001 | |
00-0382
|
Fehribach v. Smith
Summary judgment was improper where allocation of liability between owner and receiver of property should have been decided by jury. |
Torts |
|
May 1, 2001 | |
23126-3
|
To-Ro Trade Shows v. Collins
Trade show promoter lacks standing to challenge licensing statute enforced against out-of-state seller of recreational cars. |
Constitutional Law |
|
May 1, 2001 | |
22254-0-II
|
City of Battleground v. Benchmark Land Company
City's condition that developer improve street adjoining development property may be analyzed under rough-proportionality test to determine if unconstitutional taking occurs. |
Constitutional Law |
|
May 1, 2001 | |
23188-3-II
|
Laymon v. Washington State Dept. of Natural Resources
Developers seeking to build real estate project on forest land must exhaust administrative remedies before suing state for negligence. |
Administrative Agencies |
|
May 1, 2001 | |
00-7128
|
Farrell v. Campbell
Order |
Prisoners Rights |
|
May 1, 2001 | |
F025257
|
Galland v. City of Clovis
Civil rights action is available in rent damages suit when city violates landlord's right to due process. |
Real Property |
|
May 1, 2001 | |
23492-1-II
|
State v. Fiser
Ban on viewing pornographic material and consuming alcohol is proper condition of sex offender's community placement. |
Criminal Law and Procedure |
|
May 1, 2001 | |
22110-1
|
State v. Wimbish
Defendant cannot compel attendance of out-of-state witnesses where he is unable to show that witnesses' testimony is material to his defense. |
Criminal Law and Procedure |
|
May 1, 2001 |