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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
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
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
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
Hemby v. Hannigan
Order
Criminal Law and Procedure May 1, 2001
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
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
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
Shaw v. Murphy
Prison inmates do not enjoy enhanced free speech rights when providing legal advice to fellow inmates.
Prisoners Rights May 1, 2001
U.S. v. Lowe
Order
Criminal Law and Procedure May 1, 2001
Peterson v. Federal Trade Commission (In re Peterson)
Order
Administrative Agencies May 1, 2001
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
U.S. v. Keifer
Order
Criminal Law and Procedure May 1, 2001
U.S. v. Helbach
Order
Criminal Law and Procedure May 1, 2001
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
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
U.S. v. Cortez
Order
Criminal Law and Procedure May 1, 2001
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
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
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
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
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
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
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
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
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
Farrell v. Campbell
Order
Prisoners Rights May 1, 2001
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
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
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