http://www.appeals2.az.gov/ODSPlus/recentDecisions.cfm Arizona Court of Appeals - Division Two Recent Opinions Fri, 27 Jan 2012 06:00:00 MST Opinion - Issues Summary: Whether the trial court erred in denying an award of attorney fees, under A.R.S. § 39 121.02(B), after finding that neither party “substantially prevailed.” Whether the trial court erred in denying an award of costs, under A.R.S. § 12-341, in a special action brought pursuant to title 39, chapter 1, article 2. http://www.appeals2.az.gov//Decisions/CV20110070Opinion.pdf http://www.appeals2.az.gov//Decisions/CV20110070Opinion.pdf Fri, 27 Jan 2012 12:00:00 MST Opinion - Issues Summary: Did the trial court abuse its discretion in dismissing with prejudice defendant’s second proceeding for post-conviction relief when counsel failed to timely file a petition through no fault of the defendant? http://www.appeals2.az.gov//Decisions/CR20110252Opinion.pdf http://www.appeals2.az.gov//Decisions/CR20110252Opinion.pdf Fri, 27 Jan 2012 12:00:00 MST Opinion - Issues Summary: (1) When the defendant possessed seven separate images of child pornography on one DVD, did the imposition of seven consecutive, ten-year terms of imprisonment violate constitutional or statutory prohibitions against multiple punishments? (2) Did the mandatory consecutive sentences required here by A.R.S. § 13-705 amount to cruel and unusual punishment prohibited by article II, § 15 of the Arizona Constitution? (3) Does § 13-705 violate constitutional guarantees of equal protection by punishing the possession of child pornography more severely than other dangerous crimes against children that are committed directly against children? http://www.appeals2.az.gov//Decisions/CR20110126Opinion.pdf http://www.appeals2.az.gov//Decisions/CR20110126Opinion.pdf Wed, 25 Jan 2012 12:00:00 MST Opinion - Issues Summary: Did the trial court err in granting summary judgment to Dayka & Hackett, LLC (D&H) on its claims of lien priority and conversion regarding crops and their proceeds marketed and sold by Del Monte Fresh Produce, N.A., Inc.? Specifically, did the court err by determining: 1) the growers of crops raised in Mexico were “located” in Washington, D.C., for purposes of perfection pursuant to A.R.S. § 47-9307(C); 2) Del Monte did not have a “right of recoupment” pursuant to A.R.S. § 47-9404; and 3) A.R.S. §§ 47-9610 and 47-9615 did not preclude Del Monte’s liability for conversion? http://www.appeals2.az.gov//Decisions/CV20110076-OPN.pdf http://www.appeals2.az.gov//Decisions/CV20110076-OPN.pdf Wed, 25 Jan 2012 12:00:00 MST Opinion - Issues Summary: Did the plaintiff property owner present sufficient evidence for the jury to find an implied contract, either directly or based on agency theory, between the owner and defendant subcontractor, who had been hired by the owner’s general building contractor? http://www.appeals2.az.gov//Decisions/CV20110053OPN.pdf http://www.appeals2.az.gov//Decisions/CV20110053OPN.pdf Wed, 28 Dec 2011 12:00:00 MST Opinion - Issues Summary: Did the defendant sufficiently allege that her statements were taken involuntarily and in violation of Miranda v. Arizona, 384 U.S. 436 (1966), such that she was entitled to a suppression hearing? If the defendant was erroneously denied a suppression hearing, is the appropriate remedy reversal of her conviction? http://www.appeals2.az.gov//Decisions/CR20100309OPN.pdf http://www.appeals2.az.gov//Decisions/CR20100309OPN.pdf Wed, 28 Dec 2011 12:00:00 MST Opinion - Issues Summary: Does this court have jurisdiction over the state’s appeal from the trial court’s order granting a motion to suppress where the state filed its notice of appeal: 1) more than twenty days after the court’s order granting the motion to suppress, 2) less than twenty days after the court’s denial of a motion to reconsider that ruling, and 3) prior to the court’s granting the state’s motion to dismiss the case without prejudice for purposes of appeal? http://www.appeals2.az.gov//Decisions/CR20110098OPN.pdf http://www.appeals2.az.gov//Decisions/CR20110098OPN.pdf Wed, 21 Dec 2011 12:00:00 MST Opinion - Issues Summary: May a police officer obtain reasonable suspicion to perform an investigatory stop of an automobile based solely on the fact that one of multiple brake lights is not working? http://www.appeals2.az.gov//Decisions/CR20110124 Opinion.pdf http://www.appeals2.az.gov//Decisions/CR20110124 Opinion.pdf Fri, 16 Dec 2011 12:00:00 MST Opinion - Issues Summary: Were the parties required to utilize administrative remedies before bringing an action in superior court? http://www.appeals2.az.gov//Decisions/CV20110074Opinion.pdf http://www.appeals2.az.gov//Decisions/CV20110074Opinion.pdf Fri, 16 Dec 2011 12:00:00 MST Opinion - Issues Summary: Did the trial court err pursuant to A.R.S. § 14-3952 when it approved compromises between an estate’s personal representative and some, but not all, of the beneficiaries of the estate and not all of the beneficiaries signed the compromise? http://www.appeals2.az.gov//Decisions/CV20100149Opinion.pdf http://www.appeals2.az.gov//Decisions/CV20100149Opinion.pdf Fri, 09 Dec 2011 12:00:00 MST Opinion - Issues Summary: Is a petition to revoke probation or an allegation within the petition unlawfully “duplicitous” when it alleges the probationer possessed ten images of child pornography and the state then offers forty images of child pornography to prove the violation, without specifying which particular image or images establish the violation? http://www.appeals2.az.gov//Decisions/CR20110106Opinion.pdf http://www.appeals2.az.gov//Decisions/CR20110106Opinion.pdf Wed, 30 Nov 2011 12:00:00 MST Opinion - Issues Summary: Is a covenant to pay fees and bind a homeowner’s real property as consideration for membership in a community recreational facility a valid servitude that runs with the land? Is an agreement creating such a covenant an unconscionable contract on the ground that it permits membership fees to be increased at the discretion of the recreational facility’s board of directors? Is the agreement that creates such a covenant illusory or unilateral on the ground that mutuality of obligation is lacking because the owner of the community recreation facility has the right to modify terms of the agreement but the homeowner does not, except through the facility’s board of directors? http://www.appeals2.az.gov//Decisions/cv20100197OPN.pdf http://www.appeals2.az.gov//Decisions/cv20100197OPN.pdf Wed, 30 Nov 2011 12:00:00 MST Opinion - Issues Summary: Did the trial court err in suppressing the defendant’s statements made during a custodial interrogation when detectives never provided the advisory required by Miranda v. Arizona, 384 U.S. 436 (1966), and the defendant’s own attempted recitation of that advisory did not specify that he had the right to the presence of an attorney both before and during any questioning? http://www.appeals2.az.gov//Decisions/CR20100382Opinion.pdf http://www.appeals2.az.gov//Decisions/CR20100382Opinion.pdf Wed, 30 Nov 2011 12:00:00 MST Opinion - Issues Summary: Whether the trial court erred in failing to place the defendant on mandatory probation pursuant to A.R.S. § 13-901.01 for the six non-methamphetamine offenses of which she was convicted. http://www.appeals2.az.gov//Decisions/CR20110064Opinion.pdf http://www.appeals2.az.gov//Decisions/CR20110064Opinion.pdf Wed, 30 Nov 2011 12:00:00 MST Opinion - Issues Summary: Did the trial court err in finding appellant had knowingly and voluntarily waived his right to be present when he failed to appear for a hearing addressing whether he should be compelled to receive mental health treatment? http://www.appeals2.az.gov//Decisions/MH20110004Opinion.pdf http://www.appeals2.az.gov//Decisions/MH20110004Opinion.pdf Wed, 30 Nov 2011 12:00:00 MST Opinion - Issues Summary: Is a juvenile court’s order that the state need not provide reunification services to a parent in a dependency proceeding, final and appealable? http://www.appeals2.az.gov//Decisions/JV20110046Opinion.pdf http://www.appeals2.az.gov//Decisions/JV20110046Opinion.pdf Wed, 30 Nov 2011 12:00:00 MST