Recent Decisions

Please click on the case number to view the decision.
Items are ordered by case type (CR, CV, etc.) and decision filed date (in descending order.)
Opinions filed after August 2002 are listed with a summary of significant issues involved in the case.
Criminal
2 CA-CR 2014-0240-PR STATE OF ARIZONA v. CHRISTIAN PAUL ROYALTY Opinion Filed: 10/16/2014
Did the trial court err in rejecting defendant’s claim counsel had been ineffective in failing to challenge the imposition of an enhanced sentence under A.R.S. § 13-705(P)(1)(g), for dangerous crimes against children under fifteen years of age, when the defendant had printed images of individuals engaged in sexual acts or exploitive exhibitions who were under the age of fifteen when the images were created, but over fifteen when the defendant printed the images?


2 CA-CR 2013-0442 STATE OF ARIZONA v. ESLYN ADRIAN VILLA Opinion Filed: 10/14/2014
1) Did the trial court err in instructing the jury on a new lesser-included offense for the first time during jury deliberations?

2) Did the trial court err in failing to provide the parties additional closing arguments after instructing the jury on a new lesser-included offense when the defendant stated he did not want any additional closing arguments?


2 CA-CR 2013-0552 STATE OF ARIZONA v. DOMINIC RODOLPHO FLORES Opinion Filed: 10/10/2014
Did the trial court err in sentencing the defendant as a repetitive offender pursuant to A.R.S. § 13-703(B)(1) absent an express jury finding that his offenses had not been committed on the same occasion?


2 CA-CR 2013-0116 STATE OF ARIZONA v. ADOLFO NOEL RUIZ, JR. Opinion Filed: 09/30/2014
(1) Is attempted manslaughter by sudden quarrel or heat of passion a cognizable offense under Arizona law if the person only intended to cause serious physical injury rather than death?

(2) Did the trial court err by instructing the jury pursuant to A.R.S. § 13-401, which bars the use of certain defenses to charged crimes?

(3) Did the trial court err when it declined to further instruct the jury on the relationship of provocation to self-defense?

(4) Did the trial court err by omitting the word “safely” when instructing pursuant to A.R.S. § 13-404(B)(3)(a), which sets forth when the threat or use of physical force against another is not justified?


2 CA-CR 2013-0368 STATE OF ARIZONA v. DAVID SOTO CECENA Opinion Filed: 09/25/2014
Did the trial court err by denying the appellant's request for presentence incarceration credit under A.R.S. § 13-712(B) for time incarcerated in a foreign country while extradition proceeded?


2 CA-CR 2013-0279 STATE OF ARIZONA v. SERGIO ARTURO ROJO-VALENZUELA Opinion Filed: 09/23/2014
1. Did the trial court abuse its discretion in admitting evidence of a pretrial identification of the defendant by a police officer when the “show-up” procedure used on the night of the offense was concededly suggestive and the trial court declined to conduct a due process evaluation?

2. Did the trial court abuse its discretion in admitting, over the defendant’s hearsay objection, testimony about the officer’s identification by a police detective who had observed the suggestive show-up?

3. Did the trial court properly instruct the jury on attempted murder?


2 CA-CR 2014-0154-PR STATE OF ARIZONA v. RONNIE ROY VERA Opinion Filed: 09/16/2014
Whether a trial court’s order granting relief, pursuant to Miller v. Alabama, ___ U.S. ___, 132 S. Ct. 2455 (2012), to a juvenile sentenced to life imprisonment without release for twenty five-years, should be vacated in light of the legislature’s recent action affording such juveniles an opportunity for parole.


2 CA-CR 2013-0315 STATE OF ARIZONA v. DAVID J. WALLER Opinion Filed: 08/29/2014
1. Did the trial court err in denying defendant’s motion to suppress his pretrial statements made prior to and following Miranda advisements on a theory the deputies had conducted a two-stage custodial interrogation prohibited under Missouri v. Seibert, 542 U.S. 600 (2004)?

2. Was it reversible error for the trial court to instruct the jury that it was not required to reach a unanimous verdict on which form of assault, as described by A.R.S. § 13-1203, led to its finding defendant guilty of aggravated assault pursuant to A.R.S. § 13–1204(A)(2)?


2 CA-CR 2013-0134 STATE OF ARIZONA v. MANUEL JESUS PESQUEIRA Opinion Filed: 08/28/2014
1) If an expert’s testimony is based on non-admissible facts and data pursuant to Rule 703, Ariz. R. Evid., should challenges to that testimony be focused on whether the facts and data are inherently reliable, or whether the expert’s reliance upon those facts and data is reasonable?

2) Is the state required to re-file allegations of dangerousness when it re-files an indictment after voluntarily remanding that indictment to the grand jury for a new determination of probable cause?


2 CA-CR 2013-0346 STATE OF ARIZONA v. GREGORY CHARLES RHOME Opinion Filed: 08/19/2014
Whether an appellate court can take judicial notice of a fact, for the first time on appeal, which constitutes an element of the offense when the state presented no evidence of that fact during trial.


2 CA-CR 2013-0206 STATE OF ARIZONA v. CRISPIN GRANADOS Opinion Filed: 08/05/2014
2 CA-CR 2013-0206 (2) Memorandum Decision Filed: 08/05/2014
1) Whether a defendant is entitled to structural error review when, for the first time on appeal, he alleges the trial judge was biased, or created the appearance of bias, based solely on his judicial rulings in the case.

2) Whether a witness’s testimony as to a third-party’s out-of-court statements constitutes hearsay when used to rebut an improper inference created through defense counsel’s cross-examination of that witness.


2 CA-CR 2013-0342 STATE OF ARIZONA v. DALE LEE EVANS Opinion Filed: 07/31/2014
Whether the trial court erred in finding reasonable suspicion for the defendant’s traffic stop when there was no evidence of the officer’s training and experience to support his observations and the officer did not rule out that the defendant’s actions also were consistent with innocent behavior.


2 CA-CR 2013-0296 STATE OF ARIZONA v. CARLOS UBALDO GONZALEZ Opinion Filed: 07/15/2014
Did a police officer conduct an investigatory stop by parking his marked patrol car behind a parked vehicle, blocking its exit, when the occupants of the vehicle did not appear to notice or react to the officer’s presence?


2 CA-CR 2013-0096 STATE OF ARIZONA v. AGUSTIN GONZALEZ GONGORA Opinion Filed: 06/23/2014
Under the voyeurism statute, A.R.S. § 13-1424, can a person’s privacy be invaded when the person is in a public place and reasonably expects to be viewed by the public, but the defendant views the person in a manner that captures the person’s genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public, such as an “upskirt” viewing?


2 CA-CR 2013-0194 STATE OF ARIZONA v. VINCENT MICHAEL ALLEN Opinion Filed: 06/04/2014
Did sufficient evidence support the defendant’s conviction for forgery when the facts established the defendant used a false name when he signed a written warning for trespassing issued by a police officer? Did the trial court commit fundamental, prejudicial error by pronouncing sentence in the defendant’s absence after finding the defendant had voluntarily absented himself by walking out of the courtroom during his sentencing hearing?


2 CA-CR 2013-0065 STATE OF ARIZONA v. ESGARDO JAVIER NEVAREZ Opinion Filed: 05/30/2014
Did the trial court err in denying the defendant’s motion to suppress evidence based on a police stop of the defendant’s vehicle for lack of a license plate when the officer failed to see a properly displayed temporary license until he had approached the vehicle on foot, at which point he observed evidence of driving under the influence? Did police violate the defendant’s right to counsel by denying his request for an attorney to read to him a warrant they had obtained to draw his blood?


2 CA-CR 2013-0003 STATE OF ARIZONA v. VERONICA SANCHEZ-EQUIHUA Opinion Filed: 05/19/2014
Was defendant's constitutional right to compulsory process violated when: her codefendants signed plea agreements stating they had no exculpatory information, the state acknowledged it might seek to withdraw the codefendants' plea agreements if they provided exculpatory testimony, and the codefendants then refused to testify based on a fear of reinstated charges? Did the trial court err by failing to compel the codefendants' testimony?


2 CA-CR 2012-0215 STATE OF ARIZONA v. ANTHONY CONNUE SERRANO Opinion Filed: 05/07/2014
(1) Was the trial court authorized to enter a discretionary sex offender registration order more than two weeks after pronouncing the defendant’s judgment and sentence? (2) Does this court have jurisdiction over the defendant’s appeal?


2 CA-CR 2013-0506-PR STATE OF ARIZONA v. STEVEN RAY LOPEZ Opinion Filed: 04/21/2014
In a post-conviction proceeding brought pursuant to Rule 32, Ariz. R. Crim. P., does Stewart v. Smith, 202 Ariz. 446, 46 P.3d 1067 (2002), permit a defendant to raise a claim that would otherwise be barred as untimely by Rule 32.4(a)?


2 CA-CR 2013-0188 STATE OF ARIZONA v. VICTOR KYLE LIZARDI Opinion Filed: 04/11/2014
1. Did the trial court err in its premeditation instruction that the time needed for reflection is not necessarily prolonged?

2. Did the trial court commit Alleyne error by failing to submit to the jury whether Lizardi had been on release status at the time of his offense, which could result in an increase to the minimum sentence available?

3. Did the trial court err by ordering Lizardi to pay restitution to a Crime Victim Compensation Fund?


2 CA-CR 2013-0440 STATE OF ARIZONA v. MICHAEL ANTHONY FAVELA Opinion Filed: 04/08/2014
Is expert testimony on latent palm print evidence still admissible under Rule 702, Ariz. R. Evid., after the rule’s change to conform with Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)?


2 CA-CR 2012-0513 STATE OF ARIZONA v. RAYMOND ANTHONY HALL Opinion Filed: 03/20/2014
Did the trial court err in concluding that a set-aside of a conviction pursuant to A.R.S. § 13-907 necessarily includes the restoration of a person’s right to possession of firearms?


2 CA-CR 2013-0083 STATE OF ARIZONA v. OSCAR CASTILLO MENDOZA Opinion Filed: 03/14/2014
1) Did sufficient evidence support the defendant’s conviction for child molestation when the facts established that he “humped” the victim when they were both clothed, and the victim was under a blanket and did not feel the defendant’s genitals? 2) Did the trial court err in instructing the jury on (a) the elements of child molestation or (b) the defense of lack of sexual motivation?


2 CA-CR 2013-0156 STATE OF ARIZONA v. ANTONE ALEX GILL Opinion Filed: 03/03/2014
When the defendant admitted to investigating police officers that he had been drinking and driving the truck involved in the recent accident near his house, did the doctrine of corpus delicti prevent him from being convicted of aggravated driving under the influence or criminal damage?


2 CA-CR 2013-0185 STATE OF ARIZONA v. REUBEN RENEE COTA Opinion Filed: 02/25/2014
1. Did the trial court err in conducting a supplemental closing argument in the defendant’s absence without a personal waiver of his right to be present? 2. Did the court err in entering a criminal restitution order at sentencing for (a) the unpaid balance of the court-ordered restitution and (b) other fees and assessments?


2 CA-CR 2012-0392 STATE OF ARIZONA v. STEPHEN VINCENT HAVERSTICK Opinion Filed: 02/20/2014
A.R.S. §§ 13-3821(Q) and 12-116.07 impose assessments on convicted sex offenders without regard to the date of the charged offense. Does applying these statutes to offenders convicted of offenses that predate the statutes’ enactment violate either A.R.S. § 1-246 or the ex post facto clauses of the state or federal constitutions?


2 CA-CR 2012-0214 STATE OF ARIZONA v. LOUIS JOHN FELIX Opinion Filed: 02/12/2014
Did sufficient evidence support Appellant’s conviction for kidnapping his girlfriend’s son when the jury did not find him guilty of kidnapping his girlfriend?

Do the mitigation provisions of the kidnapping statute, A.R.S. §13-1304(B), which reduce the felony classification if the victim is released unharmed, apply when the victim is under the age of fifteen?


2 CA-CR 2012-0501 STATE OF ARIZONA v. TRAVIS HAMILTON NEREIM Opinion Filed: 01/28/2014
Was a police officer’s testimony about a child’s appearance sufficient to sustain the defendant’s convictions of crimes for which the victim’s age was an element of the offense?

Was there sufficient evidence of endangerment to convict the defendant of child abuse when it was established that he had driven with a child in his car while he had a blood alcohol concentration of nearly four times the legal limit, had collided with a police vehicle before being arrested, and had failed three sobriety tests?

Was the jury properly instructed that the crime of child abuse, non-death or serious physical injury, requires the state to prove the “defendant acted under circumstances other than [those] likely to cause death or serious physical injury”?

Were certain of the defendant’s convictions lesser-included offenses of his other convictions and therefore violative of double jeopardy?


2 CA-CR 2012-0273 STATE OF ARIZONA v. MIGUEL FRANCISCO INZUNZA Opinion Filed: 01/27/2014
(1) Did the emergency aid exception justify the warrantless entry into and search of the defendant’s apartment where a missing, intellectually disabled adult was last seen? (2) Did the trial court err in precluding evidence of a prior sexual assault committed against the victim? (3) Did the defendant’s prior conviction in Washington for assault with a deadly weapon support the enhanced sentences imposed here?


2 CA-CR 2012-0505 STATE OF ARIZONA v. CARLOS J. TORRES Opinion Filed: 12/10/2013
1) Did the trial court err in using a verdict form that treated manslaughter upon sudden quarrel or heat of passion as a lesser-included offense of second-degree murder? 2) Did the trial court err in finding the presence of a child as an aggravating factor?


2 CA-CR 2010-0338 STATE OF ARIZONA v. DAVID JAMES YONKMAN Opinion Filed: 11/20/2013
1. Did the trial court err in refusing to suppress the defendant’s statements to police? 2. Did the court err in admitting other-act evidence of which the defendant had been charged and acquitted? And, if the evidence had been admitted properly, was the defendant entitled to inform the jury of the acquittal? 3. Was it error to admit prior consistent statements of the victim and an alleged former victim when there was no allegation the statements had been made before the motive to fabricate arose? If error, was it harmless because the statements were contained in the victims’ testimony?


2 CA-CR 2012-0061 STATE OF ARIZONA v. GUILLERMO E. COONEY Opinion Filed: 11/08/2013
1) Did the trial court err in admitting evidence of time spent incarcerated to prove Cooney’s prior DUI convictions occurred within the statutory time period necessary to establish aggravated DUI? 2) Did the use of Cooney’s two prior DUI convictions as elements of aggravated DUI violate double jeopardy?


2 CA-CR 2012-0305 STATE OF ARIZONA v. CHRISTIAN BETZA VASQUEZ Opinion Filed: 11/08/2013
1) Did the trial court err in denying Vasquez’s motion to sever his trial from that of his codefendant? 2) Did the trial court err in admitting statements made by a non-testifying co-defendant, thereby violating the Confrontation Clause?


2 CA-CR 2012-0315 STATE OF ARIZONA v. ANGELINO PAOLO BUCCHERI-BIANCA Opinion Filed: 10/30/2013
1. Did the trial court err by granting the state’s motion to preclude evidence that a victim had applied for a “U-Visa,” issued to noncitizen victims of certain crimes that provides temporary authorization to enter and remain in the United States? 2. Did the prosecutor commit misconduct during his closing argument by asserting repeatedly that the victims had no motive to lie, despite alleged evidence of motive which the prosecution successfully had moved the trial court to exclude? 3. Did the trial court err by denying defendant’s motion to preclude generalized expert testimony regarding child sex abuse victims, not rooted in the facts of the case, on grounds her expertise was based on novel scientific theories, was unhelpful to the trier of fact, and impermissibly bolstered the credibility of the victims?


2 CA-CR 2012-0411 STATE OF ARIZONA v. ARVIN WHIT WILLIAMS Opinion Filed: 10/16/2013
Does sufficient evidence support the defendant’s conviction for attempted robbery, given that he was acquitted of other related charges?


2 CA-CR 2012-0424 STATE OF ARIZONA v. AMY KAY GUSTAFSON Opinion Filed: 10/16/2013
For purposes of sentence enhancement under A.R.S. § 13-704, can a stun gun qualify as a dangerous instrument if evidence of the manner in which it was used shows it was “readily capable of causing death or serious physical injury”? A.R.S. § 13-105(12), (13).


2 CA-CR 2012-0032 STATE OF ARIZONA v. DANIEL ANDREW SNIDER Opinion Filed: 10/16/2013
(1) Did the state present sufficient evidence that the defendant used or threatened use of force and was armed with a deadly weapon to support two of the armed robbery convictions? (2) Did the trial court err by sentencing defendant to life imprisonment with the possibility of release after twenty-five years under A.R.S. § 13-706(A), when the defendant had no prior convictions and the multiple offenses committed on different occasions were consolidated for trial? (3) Did the trial court err in reducing defendant’s monetary penalties to a criminal restitution order at sentencing and by ordering that “no interest, penalties, or collection fees” would accrue while the defendant was incarcerated?


2 CA-CR 2012-0156 STATE OF ARIZONA v. GEORGE BENJAMIN LARIN Opinion Filed: 10/16/2013
Whether the trial court erred by: (1) denying the defendant’s requested jury instructions for lesser-included offenses and denying his motion for a new trial on the same ground; (2) denying the defendant’s motion for a mistrial when the state sought to elicit an inadmissible, in-court identification; and (3) denying the state’s request that the jury consider the dangerous-nature allegations during the aggravation phase of trial.


2 CA-CR 2012-0358 STATE OF ARIZONA v. SHILOE DOMINIQUE ESPINOZA Opinion Filed: 10/11/2013
Did the trial court err in barring the retrial of the defendant for aggravated robbery when a previous jury had convicted her of an improper lesser-included offense, had rendered no verdict on the aggravated robbery count, and the state had not sought the declaration of a mistrial on that count?


2 CA-CR 2012-0405 STATE OF ARIZONA v. ROBERT CHARLES GLISSENDORF Opinion Filed: 09/30/2013
(1) Did the trial court err in denying the defendant’s motion to dismiss a child molestation charge filed ten years after the victim first reported the offense to the police? (2) Was the defendant entitled to a jury instruction derived from State v. Willits, 96 Ariz. 184, 393 P.2d 274 (1964), due to the state’s destruction of a video recording that documented the victim’s initial allegation of child molestation? (3) Did the trial court commit reversible error in admitting evidence pursuant to Rule 404(c), Ariz. R. Evid., to show the defendant had an aberrant sexual propensity to commit the charged offenses?


2 CA-CR 2012-0124 STATE OF ARIZONA v. HEULON COLSTON BROWN Opinion Filed: 09/27/2013
2 CA-CR 2012-0124 (2) Memorandum Decision Filed: 09/27/2013
(1) When the defendant made both pre- and post-arrest statements while hospitalized and on medication, did the trial court err by refusing to suppress those statements on either Fifth or Sixth Amendment grounds?

(2) Did the court err by refusing to provide the jury with duress, “voluntary act,” and “missing witness” instructions?

(3) Was the defendant’s conviction under Arizona’s felony-murder statute unconstitutional and in violation of due process because neither he nor the other participants in the home invasion were directly involved in the killing that occurred?


2 CA-CR 2012-0377 STATE OF ARIZONA v. ARMANDO PENA, JR. Opinion Filed: 09/23/2013
Did the state present sufficient evidence that each of the victim’s separately charged injuries caused “temporary but substantial disfigurement” to support the defendant’s multiple convictions for aggravated assault under A.R.S. § 13-1204(A)(3)?


2 CA-CR 2013-0233-PR STATE OF ARIZONA v. RAYMOND JOHN Opinion Filed: 09/23/2013
Does the federal Sex Offender Registration and Notification Act, 42 U.S.C. §§ 16901-16962, preempt Arizona’s jurisdiction to enforce state registration requirements on tribal lands?

Did the trial court err in finding the state could impose upon a member of the Navajo Nation a duty to register as a sex offender based on his residence on tribal land in Arizona?


2 CA-CR 2012-0479 STATE OF ARIZONA v. TYNERIAL RAY KINDRED Opinion Filed: 09/06/2013
1) Does inserting a pry bar partially into a door jamb constitute “entry” as defined by A.R.S. § 13-1501(3) for the purpose of determining whether defendant committed second-degree burglary? 2) When the defendant forced entry into an apartment, and there was some evidence suggesting the apartment was visibly empty and unoccupied, was there sufficient evidence the defendant intended to commit a felony upon entry?


2 CA-CR 2012-0228 STATE OF ARIZONA v. ANGEL ANTONIO PEREZ Opinion Filed: 08/30/2013
Was the trial court required to hold a hearing on the admissibility of polygraph test results pursuant to Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), in light of the 2012 change in Ariz. R. Evid. 702?


2 CA-CR 2013-0094-PR STATE OF ARIZONA v. RAMON ESCARENO MERAZ Opinion Filed: 08/21/2013
Does Martinez v. Ryan, ___ U.S. ___, 132 S. Ct. 1309 (2012), constitute a significant change in the law permitting a non-pleading defendant to raise a claim of ineffective assistance of Rule 32 counsel?


2 CA-CR 2013-0199-PR STATE OF ARIZONA v. PIERRE BANDA Opinion Filed: 08/19/2013
Did the trial court err in determining defendant had waived a statute of limitations defense by pleading guilty and in rejecting defendant’s claim counsel had been ineffective in failing to raise that defense prior to the guilty plea?


2 CA-CR 2008-0273 STATE OF ARIZONA v. RAUL HERRERA III Opinion Filed: 08/05/2013
1) Whether this court erred in remanding this matter to the trial court for the limited purpose of determining the admissibility of other-act evidence under Rule 404(c), Ariz. R. Evid.

2) Whether, following remand, the trial court abused its discretion in finding the other-act evidence admissible to establish an aberrant sexual propensity under Rule 404(c), Ariz. R. Evid.

3) Whether the trial court fundamentally erred in giving an instruction that explained the use of sexual propensity evidence.

4) Whether the trial court abused its discretion in precluding evidence of the victim’s prior sexual conduct pursuant to A.R.S. § 13-1421.

5) Whether the state’s expert witness’s testimony improperly invaded the province of the jury and improperly vouched for the victim, denying Herrera a fair trial.


2 CA-CR 2011-0346 STATE OF ARIZONA v. WILLIAM PETER MORAN Opinion Filed: 07/31/2013
(1) Did the trial court err in finding reasonable suspicion for the defendant’s traffic stop or probable cause for his arrest for suspected driving under the influence of an intoxicant (DUI)? (2) Did the defendant’s two DUI convictions from Nevada for offenses committed in 2005 support his convictions for aggravated DUI pursuant to A.R.S. § 28-1383(A)(2)?


2 CA-CR 2012-0184 STATE OF ARIZONA v. ROBERT FRANCISCO BORQUEZ Opinion Filed: 07/25/2013
(1) Was there sufficient evidence to support the defendant’s conviction for theft by representation, in violation of A.R.S. § 13-1802(A)(3)?

(2) Does § 13-1802(A)(3) require a material misrepresentation to the person who suffered a loss, or is a misrepresentation to a third party that is instrumental in causing the wrongful act sufficient?


2 CA-CR 2013-0120-PR STATE OF ARIZONA v. VAUGHN MILES DENZ Opinion Filed: 07/23/2013
1) Did counsel render ineffective assistance by failing to consult with a medical expert when medical causation was central to liability? 2) Did the trial court err in finding precluded Denz's claim of actual innocence?


2 CA-CR 2012-0155 STATE OF ARIZONA v. MARTIN DAVID SALAZAR-MERCADO Opinion Filed: 06/20/2013
Does Rule 702, Ariz. R. Evid., require the per se preclusion of an expert witness who intends to provide general testimony without applying her principles and methods to the facts of the case? Did the trial court err in admitting a victim’s prior inconsistent statement to a police detective as substantive evidence?


2 CA-CR 2013-0102-PR STATE OF ARIZONA v. CRAIG MICHAEL STEFANOVICH Opinion Filed: 06/04/2013
1. Do previous convictions for driving under the influence within the previous eighty-four months qualify under A.R.S. § 28-1383(A)(2) when those convictions fell outside the sixty-month window in effect at the time of the defendant’s previous convictions and that sixty-month window had elapsed before the statutory amendment changing the window from sixty months to eighty-four months?

2. Did the trial court err in rejecting defendant’s post-conviction-relief claim that his decision to admit previous convictions was not voluntary because he allegedly had not been informed that admitting his previous convictions could result in an enhanced prison term and that the state was required to prove the fact of those convictions?


2 CA-CR 2011-0249 STATE OF ARIZONA v. JESUS XAVIER ALMAGUER Opinion Filed: 05/31/2013
1. Did the trial court err when it denied the defendant’s requests for jury instructions defining “proximate cause” and “voluntary act,” and an instruction explaining the state’s burden to disprove his justification defense to the lesser offenses of manslaughter and negligent homicide?

2. Did the court err by limiting cross-examination relating to a witness’s settled civil lawsuit against the defendant?

3. Did the court abuse its discretion in denying the defendant’s motion for mistrial based on a witness’s testimony alluding to his prior acts?


2 CA-CR 2012-0287 STATE OF ARIZONA v. MANUEL ALEJANDRO DELGADO Opinion Filed: 05/30/2013
Is A.R.S. § 13-1204(B)(1), which provides that a person commits aggravated assault by “imped[ing] the normal breathing or circulation of blood of another person,” unconstitutionally vague? Did the trial court err by denying Delgado’s motion to preclude the testimony of a “strangulation expert” pursuant to Rule 702, Ariz. R. Evid.? Was Delgado deprived of his right to a unanimous jury verdict because of a duplicitous indictment or charge?


2 CA-CR 2013-0001-PR STATE OF ARIZONA v. BRANDON ALBERT SEAY Opinion Filed: 05/20/2013
Did the trial court err in declining to award presentence incarceration credit in imposing sentence when the defendant was transferred from prison to a county jail for arraignment, the trial court set no release conditions at arraignment, and the defendant was not returned to prison following arraignment?


2 CA-CR 2012-0006 STATE OF ARIZONA v. BRADY WHITMAN JR. Opinion Filed: 05/20/2013
1) Is a criminal defendant’s notice of appeal timely if it is filed within twenty days of the filing of the minute entry that contains the judgment and sentence? 2) When determining the constitutionality of a traffic stop, may a court consider any observed traffic violation as a basis for the stop, or may the court instead consider only those violations that were cited or relied upon by the police officer who performed the stop?


2 CA-CR 2012-0153 STATE OF ARIZONA v. ALBERT JUNIOR LOPEZ Opinion Filed: 04/08/2013
Did the trial court err in reducing defendant’s monetary penalties to a criminal restitution order at sentencing and by ordering that “no interest, penalties, or collection fees” would accrue while the defendant was incarcerated?


2 CA-CR 2012-0225 STATE OF ARIZONA v. SUSAN IRENE HERNANDEZ Opinion Filed: 02/21/2013
2 CA-CR 2012-0225 (2) Memorandum Decision Filed: 02/21/2013
When a presentence report stated a defendant would not be able to successfully participate in sex offender treatment programs or probation because she refused to discuss the offense of conviction, did the trial court violate her Fifth Amendment right to remain silent when it declined to suspend her sentence and place her on probation?


2 CA-CR 2012-0099 STATE OF ARIZONA v. SCOTT ALAN COLVIN Opinion Filed: 01/31/2013
Whether the defendant’s California convictions for driving under the influence of alcohol (DUI) and driving while having a blood-alcohol concentration (BAC) of .08 or above constitute acts that, if committed in Arizona, would be a violation of this state’s DUI and BAC laws such that the California convictions could be used to support aggravated DUI charges under A.R.S. § 28-1383.


2 CA-CR 2012-0094 STATE OF ARIZONA v. RANDALL SHANNON GRAY Opinion Filed: 01/31/2013
Did the trial court err in denying appellant’s motion for a judgment of acquittal in reliance on the admissions of appellant’s counsel during opening statements?


2 CA-CR 2012-0065 STATE OF ARIZONA v. JOSEPH LAWRENCE DIXON Opinion Filed: 01/31/2013
Did the state have subject matter jurisdiction over appellant’s sexual exploitation of a minor based on his possession of visual depictions where the state did not prove a criminal offense had been committed against a minor during the creation of those depictions? For the same reason, did the trial court err by imposing enhanced sentences for his convictions as dangerous crimes against children pursuant to A.R.S. § 13-705?


2 CA-CR 2012-0003 STATE OF ARIZONA v. ANTHONY DURAN Opinion Filed: 01/28/2013
Whether the defendant preserved for appeal his challenge to the trial court’s pretrial ruling allowing the state to impeach him with statements made during change-of-plea proceedings when the defendant did not testify at trial


2 CA-CR 2012-0063 STATE OF ARIZONA v. GUILLERMO C. BECERRA Opinion Filed: 01/10/2013
Was the stop of Becerra’s vehicle based on a broken tail lamp constitutional, notwithstanding that A.R.S. § 28-925 requires only one tail lamp function properly, where the officer cited public safety reasons for the stop?

Was Becerra denied his constitutional right to a jury trial as a result of an invalid waiver and, if so, is the proper remedy to remand for limited findings on that issue or to vacate his convictions and remand for a new trial?


2 CA-CR 2011-0340 - 2 CA-CR 2011-0386,2 CA-CR 2011-0391 (consolidated) STATE OF ARIZONA v. MARCUS DESHAUN TUCKER, CLIFTON JAMES CUTTLER II and ANDRE LAVELLE ARMSTRONG Opinion Filed: 12/24/2012
(1) Does the test set forth in Waller v. Georgia, 467 U.S. 39 (1984), for a violation of the constitutional right to a public trial apply to a partial closure of a criminal trial in which all members of the public except the press were excluded from the proceedings?

(2) Did the trial court reversibly err by closing Appellants’ trial to all members of the public except the press without making specific findings or considering less restrictive alternatives?

(3) Did the trial court err in denying Appellant Armstrong’s motions for a judgment of acquittal on charges of conspiracy and misuse of body armor?

(4) Did the trial court abuse its discretion in denying Armstrong’s motions to sever his trial from that of his codefendants?


2 CA-CR 2012-0207-PR STATE OF ARIZONA v. JAMES LEE HESS Opinion Filed: 12/19/2012
2 CA-CR 2012-0207-PR (2) Memorandum Decision Filed: 12/19/2012
Did the trial court err in considering the state’s rebuttal evidence in evaluating whether petitioner’s newly discovered evidence probably would result in a different verdict?


2 CA-CR 2011-0169 STATE OF ARIZONA v. NELSON E. NOTTINGHAM Opinion Filed: 12/06/2012
What effect, if any, does Perry v. New Hampshire, ___U.S.___, 132 S. Ct. (2012), have in modifying Arizona Supreme Court jurisprudence addressing (1) whether a defendant is entitled to a Dessureault hearing when the suggestive pretrial identification procedure occurs at a court proceeding and therefore is not arranged by police, and (2) whether a defendant remains entitled to an identification instruction under such circumstances even if not entitled to a Dessureault hearing?


2 CA-CR 2010-0106 STATE OF ARIZONA v. NELSON IVAN BOTEO-FLORES Opinion Filed: 11/08/2012
2 CA-CR 2010-0106 (2) Memorandum Decision Filed: 04/12/2011
Whether appellant’s admissions after his de facto arrest were sufficiently an act of free will to purge the primary taint of the illegal arrest and whether the state waived this argument by not raising it below.


2 CA-CR 2012-0059 STATE OF ARIZONA v. KWAME ROY LOWERY Opinion Filed: 10/31/2012
Does A.R.S. § 13-3821, Arizona’s sex offender registration statute, violate a registrant’s right to equal protection under the federal and state constitutions? Did the trial court err in determining sufficient evidence supported Lowery’s conviction under § 13-3821? Did the trial court commit fundamental error by permitting a detective’s testimony interpreting § 13-3821?


2 CA-CR 2012-0296-PR STATE OF ARIZONA v. JOSE DEJESUS VILLEGAS-ROJAS Opinion Filed: 09/28/2012
Is the name or exact identity of the victim a necessary element of endangerment, as set forth in A.R.S. § 13-1201(A)?


2 CA-CR 2011-0076 STATE OF ARIZONA v. XAVIER HIPOLITO ESTRELLA Opinion Filed: 09/06/2012
Did the trial court err by denying a motion to suppress evidence obtained from a search of a vehicle driven by Estrella and owned by his employer, following the warrantless placement and monitoring of a GPS tracking device on the vehicle?


2 CA-CR 2011-0264 STATE OF ARIZONA v. ROHAN LIVINGSTON BUTLER Opinion Filed: 08/29/2012
1. Did sufficient evidence exist to convict the defendant of possessing a deadly weapon during a felony drug offense? 2. When a duplicitous indictment alleges three weapons offenses in one count, and when the defendant neither objects to the indictment before trial nor seeks any curative measures during trial, does the defendant suffer prejudice entitling him to relief under fundamental error review? 3. Did the trial court err by admitting a document from an out-of-state sheriff’s department showing the defendant had possessed a large amount of currency within the dates of his alleged drug-trafficking conspiracy? 4. Does an appeal rejecting a codefendant’s argument under Batson v. Kentucky, 476 U.S. 79 (1986), establish the law of the case for a defendant bringing a subsequent appeal? If not, has the appellant here established a Batson violation?


2 CA-CR 2012-0200-PR STATE OF ARIZONA v. REY DAVID VILLEGAS Opinion Filed: 08/07/2012
Where the state, the court, and defendant all erroneously believed he would be eligible for earned release credits against a prison term imposed at sentencing, as reflected in his plea agreement, did the trial court abuse its discretion in finding the plea voluntary, notwithstanding the error, or in fashioning resentencing relief, pursuant to Rule 32, Ariz. R. Crim. P., designed to afford defendant “the benefit of his plea bargain as he understood it”?


2 CA-CR 2011-0277 STATE OF ARIZONA v. FRANCISCO ANTONIO LOPEZ Opinion Filed: 06/29/2012
Does the Fifth Amendment prohibit the state from commenting on a defendant’s pre arrest, pre-Miranda silence where there has been no official compulsion for the defendant to speak?


2 CA-CR 2011-0384 STATE OF ARIZONA v. KARAMA AZIZI MWANDISHI Opinion Filed: 06/26/2012
Did the trial court err by failing to grant the defendant’s motion for a judgment of acquittal in which he argued the state presented evidence only that he had caused a “typical fracture,” asserting that is not sufficient proof of serious physical injury to permit a finding of aggravated assault pursuant to A.R.S. §§ 13-1204(A)(1) and 13-105(39)?


2 CA-CR 2011-0164 STATE OF ARIZONA v. CURTIS T. BUNTON Opinion Filed: 06/04/2012
Does A.R.S. § 13-4505 require a trial court to permit the state's expert to conduct an additional examination of a defendant in a competency proceeding?


2 CA-CR 2010-0380 STATE OF ARIZONA v. JAMES DARRELL JOHNSON Opinion Filed: 05/17/2012
1. Was there sufficient evidence supporting the jury’s finding the murder was committed in an especially cruel, heinous, or depraved manner? 2. Did the trial court abuse its discretion in precluding Johnson from presenting diminished capacity evidence pursuant to State v. Mott, 187 Ariz. 536, 931 P.2d 1046 (1997), and A.R.S. § 13-502, when that evidence was relevant to rebut the state’s allegation of aggravating factors?


2 CA-CR 2011-0357 STATE OF ARIZONA v. ALYSSA MARIE BURR Opinion Filed: 05/07/2012
Did the trial court err by reviewing de novo and then reversing another superior court judge's previous determination in the same case that manifest necessity had existed for a mistrial?


2 CA-CR 2011-0214 STATE OF ARIZONA v. JAIME RENE ESPINOZA Opinion Filed: 04/30/2012
Whether the trial court abused its discretion in dismissing with prejudice an indictment alleging defendant’s failure to register as a sex offender on the ground that the order first requiring him to register had been void.


2 CA-CR 2011-0244 STATE OF ARIZONA v. JERRY ALAN NUCKOLS Opinion Filed: 04/12/2012
When a trial court has imposed a reasonable deadline for submitting restitution requests and supporting documentation, and when a crime victim subsequently fails to comply with this deadline, may the court then deny the victim’s request based on its untimeliness?


2 CA-CR 2010-0310 STATE OF ARIZONA v. JOSE RAYMOND ALVAREZ Opinion Filed: 02/22/2012
Did the trial court err by excluding third-party culpability evidence concerning a landscaper present in the yard prior to the burglary when the defendant’s DNA was found in the residence after the burglary?


2 CA-CR 2011-0028 STATE OF ARIZONA v. RICHARD LEE PALMER Opinion Filed: 02/17/2012
Was testimony regarding a question about the location of defendant’s backpack, asked by an unavailable witness, inadmissible hearsay?


2 CA-CR 2011-0252-PR STATE OF ARIZONA v. DANIEL DIAZ Opinion Filed: 01/27/2012
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?


2 CA-CR 2011-0126 STATE OF ARIZONA v. STEVE FRANK McPHERSON Opinion Filed: 01/25/2012
(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?


2 CA-CR 2011-0098 STATE OF ARIZONA v. RAMON LIMON Opinion Filed: 12/21/2011
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?


2 CA-CR 2011-0124 STATE OF ARIZONA v. AARON RAYMOND FIKES Opinion Filed: 12/16/2011
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?


2 CA-CR 2010-0382 STATE OF ARIZONA v. MICHAEL JONATHON CARLSON Opinion Filed: 11/30/2011
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?


2 CA-CR 2011-0064 STATE OF ARIZONA v. LINDA ANN SIPLIVY Opinion Filed: 11/30/2011
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.


2 CA-CR 2011-0106 STATE OF ARIZONA v. JERROLD DEAN BROMAN Opinion Filed: 11/30/2011
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?


2 CA-CR 2010-0197 STATE OF ARIZONA v. MARK NORIKI KASIC Opinion Filed: 10/27/2011
1. Whether Graham v. Florida, which held the Eighth Amendment categorically prohibits a life-without-parole prison sentence for juvenile nonhomicide offenders, bars appellant’s consecutively imposed sentences on twenty felony counts committed as a juvenile because the cumulative sentence exceeds his life expectancy.

2. Whether the reasoning of Graham v. Florida extends to the twelve felony counts for crimes appellant committed after he turned eighteen years of age.

3. Did the state fail to establish that two palm trees were “property,” or were worth more than $100, to support two felony arson-of-property convictions?


2 CA-CR 2011-0117-PR STATE OF ARIZONA v. KENNETH JOHN FALCONE Opinion Filed: 10/12/2011
Was criminal defense counsel ineffective in failing to object when the trial court instructed the jury it was not required to find the defendant had “any knowledge of the age of the alleged victim” in order to find him guilty of sexual conduct with a minor for “knowingly engaging in sexual intercourse . . . with any person who is under eighteen years of age,” A.R.S. § 13-1405?


2 CA-CR 2011-0139-PR STATE OF ARIZONA v. ROBERT TAYLOR HARDEN Opinion Filed: 09/30/2011
Is a trial court required to appoint defense counsel before summarily dismissing, pursuant to Rule 32.2(b), Ariz. R. Crim. P., a pleading defendant’s first, but untimely, notice of post-conviction relief?


2 CA-CR 2010-0396 STATE OF ARIZONA v. KYLE EVAN SMITH Opinion Filed: 09/30/2011
Is a defendant who has one prior felony conviction that is not a historical prior felony conviction ineligible for probation under A.R.S. § 13-703 when convicted of a subsequent felony offense?


2 CA-CR 2011-0084-PR STATE OF ARIZONA v. JOSEPH MICHAEL GODDARD Opinion Filed: 08/24/2011
Did the trial court properly designate petitioner’s convictions dangerous crimes against children when he had been convicted of attempted sexual conduct with a minor who was under twelve years of age under former A.R.S. § 13-604.01?


2 CA-CR 2010-0177 STATE OF ARIZONA v. BRIAN S. HUNTER Opinion Filed: 07/29/2011
Whether, in the context of a defendant’s right to a speedy trial, excluded time under Ariz. R. Crim. P. 8.4 runs from the date a motion is filed, or from the date the trial court rules on the motion.


2 CA-CR 2011-0136-PR STATE OF ARIZONA v. GERARDO POBLETE Opinion Filed: 07/28/2011
Is a petitioner entitled to relief under Rule 32.1(g), Ariz. R. Crim. P., based on the United States Supreme Court's decision in Padilla vs. Kentucky, ___ U.S. ___, 130 S. Ct. 1473 (2010), when his petition for post-conviction relief was filed untimely?


2 CA-CR 2010-0235 STATE OF ARIZONA v. RICKY GRAY Opinion Filed: 06/20/2011
2 CA-CR 2010-0235 (2) Memorandum Decision Filed: 06/20/2011
Whether a conviction for tampering with a witness under A.R.S. § 13-2804 requires proof that a person had actually unlawfully withheld testimony, testified falsely, or failed to obey a summons as a result of the defendant’s conduct.


2 CA-CR 2010-0266 STATE OF ARIZONA v. RICHARD D. VILLEGAS Opinion Filed: 05/25/2011
Is luring a minor for sexual exploitation, A.R.S. § 13-3554, a dangerous crime against children under § 13-705 when the victim was not a child under the age of fifteen but actually an undercover police officer?


2 CA-CR 2007-0244 STATE OF ARIZONA v. RONALD BRUCE BIGGER Opinion Filed: 05/24/2011
Did the trial court err by denying appellant’s request for a change of venue due to pretrial publicity, admitting testimony offering probability analyses of DNA evidence, and precluding evidence of third-party culpability?


2 CA-CR 2010-0392-PR STATE OF ARIZONA v. RICHARD MARTINEZ Opinion Filed: 03/31/2011
Whether a pleading defendant is precluded, in his second Rule 32 petition, from asserting ineffective assistance of of-right Rule 32 counsel on the grounds that counsel failed to raise all colorable claims related to his plea proceedings and obtained only partial relief; whether such a claim is premature when raised before the petitioner has been resentenced in accordance with the order granting relief in his first Rule 32 proceeding.


2 CA-CR 2009-0395 STATE OF ARIZONA v. DELLA LISA VERMUELE Opinion Filed: 03/04/2011
2 CA-CR 2009-0395 (2) Memorandum Decision Filed: 03/04/2011
Does a defendant forfeit appellate review of those claims that do not become apparent until pronouncement of sentence when she neither objects to the trial court’s pronouncement of sentence nor raises the issue in a post-judgment motion?


2 CA-CR 2010-0077 STATE OF ARIZONA v. ABDULKADIR ABDI Opinion Filed: 02/28/2011
Did the trial court err in instructing the jury, pursuant to A.R.S. § 13-419, to presume the victim had acted reasonably in defense of his residence?


2 CA-CR 2009-0172 STATE OF ARIZONA v. MICHELLE D. SPRANG Opinion Filed: 02/14/2011
Did the trial court abuse its discretion by instructing the jury on second-degree murder when all the evidence supported a finding of premeditation, and, if so, was the error harmless? When the defendant was acquitted of first-degree murder by the jury and when the appellate court has vacated the defendant’s conviction for the lesser-included crime of second-degree murder, has double jeopardy attached to the second-degree murder charge?


2 CA-CR 2010-0176 STATE OF ARIZONA v. MICHAEL LORENZO RIVERA Opinion Filed: 01/27/2011
1. Does a jury instruction implicitly amend the indictment when it uses the more expansive language of the statute rather than the more tailored language in the indictment?

2. Was there sufficient evidence to support convictions for endangerment by threat of imminent death when some of the victims may have been in an interior room of the house but the bullets, shot from outside the house, had the capability of penetrating several layers of wall?


2 CA-CR 2009-0311 STATE OF ARIZONA v. SCOTT ALLEN KING Opinion Filed: 01/14/2011
Did the trial court err in 1) admitting in-court and videotaped demonstration evidence; 2) instructing the jury on accomplice liability; and 3) denying King’s motion to dismiss the dangerous-nature allegation?


2 CA-CR 2010-0141 STATE OF ARIZONA v. JOHN RICHARD EBY Opinion Filed: 01/12/2011
Does this court have jurisdiction over an appeal from a trial de novo in superior court held after an appeal from a conviction in justice court when the appellant raises no issues enumerated in A.R.S. § 22-375(A)?


2 CA-CR 2009-0399 STATE OF ARIZONA v. JAREN SCOTT DAVIS Opinion Filed: 12/29/2010
1. When the trial court acknowledged that the jury’s verdict “could have gone either way,” did the court abuse its discretion by denying the defendant’s motion for a new trial based on the verdict being contrary to the weight of the evidence, pursuant to Rule 24.1(c)(1), Ariz. R. Crim. P.?

2. Did the trial court commit reversible error in limiting defense counsel’s closing argument to eight minutes when the defendant raised no objection until after he had been found guilty?

3. Did the trial court abuse its discretion by requiring the defendant to register as a sex offender when he was convicted of one count of public sexual indecency, a misdemeanor offense?


2 CA-CR 2010-0193 STATE OF ARIZONA v. HESAM MOHAJERIN Opinion Filed: 12/29/2010
1) Does A.R.S. § 13-4051 allow a petitioner to seek a notation of clearance on his criminal records on the ground that he is factually innocent? 2) Does A.R.S. § 12-2101(B) give this court jurisdiction over an appeal from a ruling on a petition for clearance, or may such a ruling only be reviewed by special action?


2 CA-CR 2010-0247-PR STATE OF ARIZONA v. BIANCA BURGETT Opinion Filed: 12/21/2010
1) Did the trial court err in relying on the presence of children during the commission of the offense as an aggravating circumstance; and 2) did the trial court err in admitting hearsay at the aggravation/mitigation hearing?


2 CA-CR 2008-0377 STATE OF ARIZONA v. DOUGLAS LEE EDDINGTON Opinion Filed: 12/17/2010
1. In a homicide case investigated by the Pima County Sheriff’s Department, did the trial court err, pursuant to Rule 18.4(b), Ariz. R. Crim. P., and A.R.S. § 21-211(2), in refusing to strike a venireman who was then employed as a Pima County Sheriff’s deputy, provided security at the superior court, knew up to half of the state’s witnesses from the sheriff’s department, and knew that the defendant was being held in custody?

2. Do the court’s jury instructions require reversal of the defendant’s conviction?


2 CA-CR 2010-0052 STATE OF ARIZONA v. JAMES CHARLES RAY Opinion Filed: 12/14/2010
Did the trial court lack authority under A.R.S. § 13-1709 and A.R.S. § 13-804 to require appellant, following his conviction for two counts of reckless burning, to reimburse various state and federal agencies for emergency response expenses the agencies incurred in battling a fire appellant had started? If not, did the trial court violate appellant’s right to due process by ordering him to pay these expenses when sentencing him?


2 CA-CR 2010-0227-PR STATE OF ARIZONA v. VICTOR MANUEL RODRIGUEZ Opinion Filed: 11/30/2010
Does the phrase “any time spent . . . incarcerated” as used in the statutory definition of a historical prior felony include preconviction confinement?


2 CA-CR 2009-0277 STATE OF ARIZONA v. JAMES A. ROGERS Opinion Filed: 11/19/2010
(1) Whether the surcharge under A.R.S. § 16-954(C) is mandatory, and (2) whether it is imposed only on the penalty assessments imposed under A.R.S. § 12-116.01 or also on the underlying fine?


2 CA-CR 2009-0176 STATE OF ARIZONA v. BRIAN MANNIE BLAKLEY Opinion Filed: 11/16/2010
Were the defendant’s Fourth Amendment rights violated when the police officer entered an area of the driveway not ordinarily accessed by the public in order to conduct his investigation without a warrant?


2 CA-CR 2010-0004 STATE OF ARIZONA v. NATHAN DOUGLAS KINNEY Opinion Filed: 10/28/2010
Did officers illegally detain defendant when they no longer had reasonable suspicion that he was wanted in connection with an arrest warrant? If so, were defendant’s subsequent statements tainted by the illegal detention, and if they were, did the trial court commit fundamental error in admitting the statements? If it did, was there sufficient evidence to sustain the conviction in the absence of the statements?


2 CA-CR 2010-0093 STATE OF ARIZONA v. LANDO ONASSIS AHUMADA Opinion Filed: 10/28/2010
Pursuant to a consensual pat-down search, does the Fourth Amendment authorize a law enforcement officer to seize an object from a suspect’s pocket that the officer has probable cause to believe is drugs based on the object’s plain feel and the totality of the circumstances?


2 CA-CR 2010-0018-PR STATE OF ARIZONA v. JAMES N. PETTY Opinion Filed: 08/31/2010
Did the trial court err in dismissing a pleading defendant’s successive notice of post-conviction relief in which the defendant had indicated his desire to pursue a claim that Rule 32 counsel in his first of-right post-conviction proceeding had rendered ineffective assistance?


2 CA-CR 2009-0041 STATE OF ARIZONA v. GLENDA LORRAINE RUMSEY Opinion Filed: 08/31/2010
2 CA-CR 2009-0041 (2) Memorandum Decision Filed: 08/31/2010
Whether the trial court erred by not suppressing evidence of blood-test results after concluding the defendant’s right to counsel had been violated at the time the blood draw occurred.


2 CA-CR 2009-0205 STATE OF ARIZONA v. JOHN GEORGE PONSART JR. Opinion Filed: 06/11/2010
Pursuant to A.R.S. § 13-4033, does this court have jurisdiction to consider a pleading defendant’s appeal from a sentence that has been imposed after a contested probation violation proceeding?


2 CA-CR 2009-0111 STATE OF ARIZONA v. JEFFREY LEE HINDEN Opinion Filed: 06/04/2010
Does the definition of fenced commercial yard in A.R.S. § 13-1501(4) require the property to be currently used for business purposes?


2 CA-CR 2008-0205 STATE OF ARIZONA v. LOUIE THOMAS MACHADO Opinion Filed: 04/29/2010
1. Did the trial court commit reversible error in precluding evidence that suggested a third party committed the murder with which the appellant was charged? 2. Did the court err in precluding on hearsay grounds certain out-of-court statements the appellant had made to police? 3. Was the appellant entitled to present the results of a polygraph test that suggested he did not shoot the victim? 4. Did the trial court err in instructing the jury on issues of eyewitness identification and reasonable doubt?


2 CA-CR 2009-0020 STATE OF ARIZONA v. CHRISTOPHER WAYNE FRANCIS Opinion Filed: 04/22/2010
2 CA-CR 2009-0020 (2) Memorandum Decision Filed: 04/22/2010
Whether the state must specifically allege a defendant is eligible for sentencing under A.R.S. § 13-3419 before he or she may be sentenced pursuant to that statute.


2 CA-CR 2009-0090 STATE OF ARIZONA v. PAUL DAVID WINDSOR, JR. Opinion Filed: 03/30/2010
Does downloading an image from a remote computer via the Internet constitute “duplicating” it for the purposes of A.R.S. § 13-3553(A)(1), prohibiting the sexual exploitation of minors?


2 CA-CR 2009-0252 STATE OF ARIZONA v. ROGER PUTZI Opinion Filed: 03/04/2010
Whether Tucson City Code § 11-54, which prohibits public urination, is unconstitutionally vague.


2 CA-CR 2009-0035 STATE OF ARIZONA v. DAVID CHARLES HENRY Opinion Filed: 02/23/2010
Do federal or Arizona prohibitions against ex post facto laws prevent the state from (1) applying its sex-offender registration and monitoring statutes, A.R.S. §§ 13-3821 to -3829, to a person convicted of armed rape in 1974 and (2) subsequently convicting him based on his failure to comply with a registration requirement created after 1974?


2 CA-CR 2009-0254 STATE OF ARIZONA v. RYAN RAY OLM Opinion Filed: 02/12/2010
Did the trial court abuse its discretion in granting the defendant’s motion to suppress evidence discovered when a police officer entered the defendant’s unenclosed front yard to look through the defendant’s vehicle’s windshield?


2 CA-CR 2009-0078 STATE OF ARIZONA v. ALEXANDER JOEL HUERTA Opinion Filed: 02/10/2010
Did the trial court err in suppressing evidence in a duffle bag found lying in the street along with other items from the defendant’s truck, when the defendant had claimed the other items but was silent as to the bag?


2 CA-CR 2009-0142 STATE OF ARIZONA v. FABIAN GARCIA-NAVARRO Opinion Filed: 02/08/2010
Does driving at a high rate of speed and almost colliding with another car constitute a breach of the peace sufficient to permit a federal border patrol agent to make a citizen’s arrest pursuant to A.R.S. § 13-3884?


2 CA-CR 2009-0275-PR STATE OF ARIZONA v. STEVEN D. SZPYRKA Opinion Filed: 01/14/2010
When a defendant’s sentence pursuant to a plea agreement was enhanced by a prior conviction that was subsequently vacated, is the defendant entitled to be resentenced as a nonrepetitive offender? Under such circumstances, where the enhancement was an integral part of the plea, do double jeopardy principles preclude vacating the plea agreement?


2 CA-CR 2008-0341 STATE OF ARIZONA v. MAXAMILANO PAREDES-SOLANO Opinion Filed: 12/24/2009
(1) Whether subsections (A)(1) and (A)(2) of A.R.S. § 13-3553 define multiple ways of committing a single offense or distinct offenses that cannot be combined in a single count of an indictment; (2) whether counts one and two of the indictment in this case are duplicitous; (3) whether the jury instructions regarding counts one and two resulted in duplicitous charges by permitting potentially nonunanimous verdicts; and (4) whether the defendant was entitled to an instruction on jury nullification.


2 CA-CR 2009-0213-PR STATE OF ARIZONA v. CESAR LOPEZ Opinion Filed: 12/17/2009
In a proceeding governed by Rule 32, Ariz. R. Crim. P., did the trial court abuse its discretion in declining to consider claims of ineffective assistance of trial and appellate counsel raised for the first time in the petitioner’s reply brief?


2 CA-CR 2008-0315 - 2 CA-SA 2009-0020 (consolidated) STATE OF ARIZONA v. EDWARD CHARLES NOCEO, MICHAEL HARRIS Opinion Filed: 12/15/2009
Whether alleged deficiencies in law enforcement phlebotomy programs rendered particular blood draws conducted in a reasonable manner at the scene of two defendants’ DUI arrests unconstitutional


2 CA-CR 2008-0294 STATE OF ARIZONA v. DANNY LOUIS MUSGROVE Opinion Filed: 12/01/2009
Does double jeopardy attach when a trial judge grants a judgment of acquittal and, after continuing discussion, reconsiders, denies the motion and allows the charge to go to the jury?


2 CA-CR 2008-0369 STATE OF ARIZONA v. DEAN WILLIAM ZINSMEYER Opinion Filed: 10/30/2009
In defendant’s appeal from his convictions and sentences for theft of a means of transportation and third-degree burglary, both stemming from his theft of a truck: 1) Did the trial court err in denying his motion to suppress statements he had made to investigating officers after he had stated “I think I need a lawyer” and had asked officers if he needed a lawyer? 2) Did the prosecutor commit misconduct during opening statement and closing argument by commenting about the quality of the police department’s investigation? 3) When the state concedes the trial court relied on two improper aggravating factors at sentencing and the only proper aggravating factor the court fell under the catch-all provision in former A.R.S. § 13-702(C)(24), did the imposition of an aggravated sentence violate the rule announced in State v. Schmidt, 220 Ariz. 563, 208 P.3d 214 (2009)? 4) Does unlawful entry into a truck not used or adapted for residential purposes constitute third-degree burglary under A.R.S. § 13-1506? 5) Is § 13-1506 unconstitutionally vague? 6) Did the trial court err at sentencing in entering a premature criminal restitution order requiring defendant to pay attorney fees and an indigent assessment fee?


2 CA-CR 2009-0023 STATE OF ARIZONA v. MARCOS ADRIAN CANALES Opinion Filed: 10/13/2009
When a police officer blocks in another vehicle with his patrol car, does this constitute a detention for Fourth Amendment purposes? Is an anonymous tip about “possible” criminal activity sufficiently reliable to support reasonable suspicion to make such a detention?


2 CA-CR 2008-0157 STATE OF ARIZONA v. REGINA MARIE LOCKWOOD Opinion Filed: 09/24/2009
Is a stillborn fetus a “dead human body” for the purposes of A.R.S. § 13-2926, which prohibits the abandonment or concealment of human remains?


2 CA-CR 2008-0339 STATE OF ARIZONA v. JEREMIAH MARCE FORTE Opinion Filed: 08/31/2009
When a defendant’s probation is revoked and he is sentenced for a felony offense, does a trial court err by conducting the disposition hearing with the defendant appearing only through an interactive audiovisual device and unable to communicate confidentially with counsel?


2 CA-CR 2008-0100 STATE OF ARIZONA v. JOSHUA PAUL EUGENE HUFFMAN Opinion Filed: 08/28/2009
Whether a third trial, after the two previous trials ended in hung juries, violated defendant’s double jeopardy and due process rights under the United States and Arizona Constitutions.


2 CA-CR 2008-0240 STATE OF ARIZONA v. JAVIER FIMBRES Opinion Filed: 08/07/2009
When a defendant is indicted under one subsection of a statute, is the trial court’s subject matter jurisdiction implicated when it subsequently instructs the jury on multiple subsections of the same statute?


2 CA-CR 2007-0401-PR STATE OF ARIZONA v. DOUGLAS SCOTT PERRIN Opinion Filed: 07/30/2009
Whether a trial court may use the “catch-all” aggravator in former A.R.S. § 13-702(D)(13) as one of the two aggravating factors necessary to impose a substantially aggravated sentence under former A.R.S. § 13-702.01(A) in light of the supreme court’s opinion in State v. Schmidt, 220 Ariz. 563, 208 P.3d 214 (2009).


2 CA-CR 2008-0166 - 2 CA-CR 2008-0171,2 CA-CR 2008-0309 (consolidated) STATE OF ARIZONA v. PAYNE NELSON DANIELS Opinion Filed: 07/24/2009
2 CA-CR 2008-0166 (2) Memorandum Decision Filed: 07/24/2009
Did the trial court fundamentally err in imposing against the defendants at sentencing a $1,000 prosecution fee pursuant to a Pinal County ordinance?


2 CA-CR 2008-0156 STATE OF ARIZONA v. CALEB QUIXOTE LEWIS Opinion Filed: 07/23/2009
2 CA-CR 2008-0156 (2) Memorandum Decision Filed: 07/23/2009
Did the trial court err in ordering the defendant to pay restitution to a victim after he had been acquitted of aggravated assault against her but convicted of drive-by shooting?


2 CA-CR 2008-0024 STATE OF ARIZONA v. DANIEL DIAZ Opinion Filed: 07/16/2009
Whether probable cause supported the arrest of a passenger when the vehicle in which he was riding, its location, and the manner in which drugs were concealed corresponded to specific information police officers had received from an informant and indicated the passenger and driver were working in concert to transport the drugs.


2 CA-CR 2006-0079 STATE OF ARIZONA v. LEMON MONTREA JOHNSON Opinion Filed: 05/27/2009
1. Did a police officer conducting a traffic stop reasonably suspect a passenger was armed and dangerous, thereby allowing the officer to perform a pat-down search of that passenger under the rule announced in Arizona v. Johnson, ___ U.S. ___, 129 S. Ct. 781, 788 (2009)? 2. Does article II, § 8 of the Arizona Constitution provide greater protection to automobile passengers than does the United States Constitution so that an officer conducting a traffic stop may not question a passenger about matters unrelated to the stop and may not perform a pat-down search of a passenger absent a reasonable suspicion of criminal activity and reason to suspect that the passenger is armed and dangerous? 3. Did the trial court commit structural error when it gave the reasonable doubt jury instruction mandated by State v. Portillo, 182 Ariz. 592, 898 P.2d 970 (1995)? 4. Was the defendant entitled to have a jury determine whether he had prior felony convictions that were alleged to enhance his sentences?


2 CA-CR 2007-0317 - 2 CA-CR 2007-0318,2 CA-CR 2007-0319,2 CA-CR 2008-0421-PR (consolidated) STATE OF ARIZONA v. SANG LE Opinion Filed: 05/26/2009
May a defendant raise ineffective assistance of counsel claims in a motion to vacate judgment pursuant to Rule 24.2(a)(3), Ariz. R. Crim. P.?


2 CA-CR 2008-0149 STATE OF ARIZONA v. PHILLIP JAIME ARAGON Opinion Filed: 05/26/2009
Did the trial court abuse its discretion in denying the defendant’s request for a continuance to allow time for private counsel to be substituted for appointed counsel and prepare for trial?


2 CA-CR 2008-0226 STATE OF ARIZONA v. ORVIE ROWLAND STRECK Opinion Filed: 04/22/2009
1. Is a tractor a means of transportation for purposes of A.R.S. § 13-1814? 2. Are a victim’s travel costs incurred in investigating stolen property compensable expenses?


2 CA-CR 2008-0057 STATE OF ARIZONA v. JAMES LEWANDOWSKI Opinion Filed: 03/31/2009
2 CA-CR 2008-0057 (2) Memorandum Decision Filed: 03/31/2009
May a trial court properly enter a criminal restitution order pursuant to A.R.S. § 13-805 before a defendant’s sentence or probationary term has expired? If not, does the premature entry of such an order constitute fundamental error due to the mandatory accrual of interest on the unpaid balance pursuant to § 13-805(C)?


2 CA-CR 2007-0340 STATE OF ARIZONA v. NATHAN ANDRES LEYVAS Opinion Filed: 03/30/2009
1. Was a hearing pursuant to State v. Dessureault, 104 Ariz. 380, 453 P.2d 951 (1969), required when the witness failed to identify the defendant in a pretrial photographic line-up, was later told by the prosecutor she had chosen the wrong person, and then identified the defendant for the first time in court?

2. Was there sufficient evidence to support the defendant’s convictions for attempted armed robbery when, while displaying a gun, he asked the victims if they had any money and they replied, “no”?


2 CA-CR 2007-0074 STATE OF ARIZONA v. SHAWN DE NEAN EDMISTEN Opinion Filed: 03/23/2009
When a defendant presents evidence of involuntary intoxication in an attempt to negate the culpable mental state for the offenses charged, does the burden of proof shift from the state to the defendant?


2 CA-CR 2007-0122 STATE OF ARIZONA v. JACK JUDE MARTINEZ, JR. Opinion Filed: 03/02/2009
1) Did the trial court err in admitting evidence of the defendant’s post-arrest statements made to a neighboring jail inmate, based on the court’s finding the inmate had not acted as a state agent in eliciting or reporting the statements? 2) Did defendant lack standing to object on Fourth Amendment grounds to admission into evidence of a letter he wrote from jail to his girlfriend, whose mother intercepted the letter from their shared mailbox and turned it over to the state? 3) Did the trial court err in admitting the letter into evidence when the record supported a finding the girlfriend’s mother had not acted as a state agent in obtaining and producing the letter?


2 CA-CR 2006-0347 STATE OF ARIZONA v. ANSON RYDELL NORRIS Opinion Filed: 02/13/2009
Did the elements of the offense of possessing marijuana for distribution in violation of 21 U.S.C. § 841(a)(1) strictly conform to the elements of any comparable Arizona felony so that the defendant’s federal conviction qualified as a “historical prior felony conviction” for purposes of sentence enhancement?


2 CA-CR 2007-0379 STATE OF ARIZONA v. ROBERT LEEROY SLOVER Opinion Filed: 02/09/2009
Do the victim’s attorney fees incurred to have private counsel assist the state in prosecuting the criminal case against the defendant directly flow from the defendant’s criminal conduct so as to constitute proper restitution to the victim?


2 CA-CR 2008-0035 STATE OF ARIZONA v. STEVEN DWAYNE SZPYRKA Opinion Filed: 12/31/2008
Was the statement “I got nothin’ to say” an unambiguous invocation of a suspect’s Fifth Amendment right to remain silent, obliging the detective to cease questioning immediately?


2 CA-CR 2007-0369 STATE OF ARIZONA v. ARMANDO GALAVIZ FIERRO Opinion Filed: 12/22/2008
Whether the trial court abused its discretion by giving a “deliberate ignorance” jury instruction where the defendant had admitted knowing he was transporting “drugs” but denied knowing his cargo was marijuana and his primary defense at trial was that the state failed to prove the mens rea element for the offense of transporting marijuana for sale under A.R.S. § 13-3405.


2 CA-CR 2008-0070 STATE OF ARIZONA v. WILLIAM JOHN FIIHR Opinion Filed: 12/22/2008
Is misdemeanor failure to stop under A.R.S. § 28-1595(A) a lesser-included offense of felony flight from a pursuing law enforcement vehicle under A.R.S. § 28-622.01?


2 CA-CR 2008-0073 STATE OF ARIZONA v. ANTHONY SANCHEZ BEJARANO Opinion Filed: 12/12/2008
Whether A.R.S. § 13-4032(6), which permits the state to appeal from the granting of a motion to suppress evidence, provides appellate jurisdiction over the state’s appeal of a trial court’s order precluding a witness as a disclosure sanction under Rule 15.7, Ariz. R. Crim. P.


2 CA-CR 2008-0058 - 2 CA-CR 2008-0059 (consolidated) STATE OF ARIZONA v. JERRY DON BRYANT Opinion Filed: 11/24/2008
Did the trial court err in modifying an illegally lenient sentence when the state did not appeal the sentence but instead filed a motion for reconsideration after the time for appeal had run?


2 CA-CR 2007-0368 STATE OF ARIZONA v. ROBERT WILLIAM HARLOW Opinion Filed: 11/24/2008
Did the trial court abuse its discretion in modifying the form of verdict shortly after the jurors had retired to deliberate?


2 CA-CR 2007-0065 STATE OF ARIZONA v. FRANK JOSEPH SARULLO Opinion Filed: 11/13/2008
1. Whether burglary and theft convictions violated the corpus delicti rule when the only direct evidence was the defendant’s confession but the state presented uncontradicted evidence of closely related crimes. 2. Whether for the purposes of burglary and theft convictions the defendant had the requisite intent to permanently deprive the victim of property when he testified he did not intend to keep the victim’s stolen revolver, but to kill himself in front of her with it. 3. Whether all occupants of a home are victims of a burglary for purposes of Arizona’s Victim Witness Protection Act.


2 CA-CR 2008-0037 STATE OF ARIZONA v. ALVIN EDWARD WILLIAMS Opinion Filed: 11/07/2008
In resentencing the defendant, previously convicted of first-degree murder, to a natural life term, was the trial court required to make findings in a special verdict or otherwise articulate reasons for imposing the sentence it did?


2 CA-CR 2007-0403 STATE OF ARIZONA v. LUIS ENRIQUE ORTEGA Opinion Filed: 10/14/2008
(1) Whether molestation of a child is a lesser included offense of sexual conduct with a minor under fifteen years of age and whether the Double Jeopardy Clauses of the United States and Arizona Constitutions consequently prohibit a defendant from being convicted of both.

(2) Whether the state exerted improper influence over the testimony of a witness.


2 CA-CR 2007-0020 STATE OF ARIZONA v. SERGIO ALONZO RUBIO Opinion Filed: 09/19/2008
Whether a defendant must use an available peremptory strike to cure the trial court’s alleged error in denying a challenge for cause, or waive the right to raise that error on appeal.


2 CA-CR 2007-0156 STATE OF ARIZONA v. ROBERT CARLOS GARCIA Opinion Filed: 09/03/2008
In a first-degree murder prosecution in which the jury was instructed on the lesser included offenses of second-degree murder and manslaughter, did the trial court commit fundamental error by instructing the jury to consider manslaughter only if it found the defendant not guilty of second-degree murder or could not agree on that offense, instead of instructing it to consider second-degree murder and manslaughter simultaneously?


2 CA-CR 2007-0157 STATE OF ARIZONA v. WILLIAM HALEY FLYTHE, JR. Opinion Filed: 08/25/2008
Can a defendant’s renewal of a motion to sever trials pursuant to Rule 13.4(c), Ariz. R. Crim. P., preserve the severance issue on appeal for his codefendant when the codefendant did not join in the renewal of that motion or renew his own?


2 CA-CR 2007-0192 STATE OF ARIZONA v. ROGER DALE TARKINGTON Opinion Filed: 06/27/2008
Whether a defendant may challenge a search on Fourth Amendment grounds based on his property interest in the item seized even though he has no legitimate expectation of privacy in the premises searched.


2 CA-CR 2007-0218 STATE OF ARIZONA v. TIMOTHY CHRISTOPHER HAIGHT-GYURO Opinion Filed: 06/18/2008
Did the trial court abuse its discretion by admitting into evidence a video recording made by a retail store’s surveillance system when no witness who had been present during the events recorded testified at trial?


2 CA-CR 2007-0202 STATE OF ARIZONA v. LUIS ALBERTO MORENO-MEDRANO Opinion Filed: 06/17/2008
1. Whether the trial court fundamentally erred in failing to make required findings before imposing fees pursuant to A.R.S. § 11-584 and Rule 6.7(d), Ariz. R. Crim. P.

2. Whether the trial court fundamentally erred in reducing indigent defense fees to a criminal restitution order at sentencing.


2 CA-CR 2007-0210 STATE OF ARIZONA v. LAKI DAVID PRICE Opinion Filed: 05/30/2008
1. Whether convictions for both aggravated assault and armed robbery violated double jeopardy principles.

2. Whether trial to an eight-person jury constituted fundamental error.


2 CA-CR 2007-0091 STATE OF ARIZONA v. BILLIE MARIE FORNOF Opinion Filed: 03/25/2008
Does a police officer have reasonable suspicion to make a vehicle stop when he or she observes items changing hands between a pedestrian and an occupant of the vehicle, late at night, at a specific intersection known for high levels of drug-related activity, and the pedestrian leaves the scene quickly on seeing the officer?

Did the trial court err in admitting an expert opinion that drugs possessed by the defendant were for sale, rather than personal use?


2 CA-CR 2007-0126 STATE OF ARIZONA v. ROBERTO ROSADILLO AGUILAR Opinion Filed: 03/19/2008
Did the trial court err in finding the prosecution time-barred by the statute of limitations, and dismissing the charges against defendant on that basis? Does A.R.S. § 13-107 violate the Ex Post Facto Clause?


2 CA-CR 2007-0071 STATE OF ARIZONA v. GLENN WENDELL BROWN Opinion Filed: 02/29/2008
Under A.R.S. § 13-3408(A)(7), can a defendant be convicted of both “sale” and “transfer” of a narcotic drug for a single transaction? Is such a conviction on both charges a multiple punishment, and barred by the Double Jeopardy Clause, where the defendant receives concurrent sentences and thus no additional term of imprisonment?


2 CA-CR 2006-0251 STATE OF ARIZONA v. DONALD ALLEN GUADAGNI Opinion Filed: 02/29/2008
1) Is the evidence supporting a bigamy conviction necessarily insufficient if the accused never recorded the license of the later marriage?

2) Are the spouses of a person convicted of bigamy “victims” as defined by Arizona law?

3) May a court order a criminal defendant to pay restitution following a restitution hearing attended by neither the defendant nor his counsel?


2 CA-CR 2007-0166 STATE OF ARIZONA v. LANCE CHRISTIAN HAMBLIN Opinion Filed: 02/06/2008
2 CA-CR 2007-0166 (2) Memorandum Decision Filed: 02/06/2008
Does a person commit third-degree burglary as defined in A.R.S. § 13-1506 by entering an unlocked motor vehicle with intent to commit a felony or theft therein?


2 CA-CR 2007-0061 STATE OF ARIZONA v. PATRICK JAMES SORIANO Opinion Filed: 01/30/2008
Whether a trial court may delay designation of an open-ended offense after the defendant’s probationary term has expired to consider behavior that occurred before the defendant filed a motion to designate his offense.


2 CA-CR 2006-0036 STATE OF ARIZONA v. DANIEL AARON LOPEZ Opinion Filed: 01/22/2008
2 CA-CR 2006-0036 (2) Memorandum Decision Filed: 01/22/2008
2 CA-CR 2006-0036 (2) Memorandum Decision Filed: 01/22/2008
2 CA-CR 2006-0036 (2) Memorandum Decision Filed: 01/22/2008
Whether statements made to a registered nurse performing a sexual assault examination qualify as “[s]tatements made for purposes of medical diagnosis or treatment” under Rule 803(4), Ariz. R. Evid., when the primary purpose of the examination is to look for injury and the nurse uses the victim’s statements to determine where to look for injury.


2 CA-CR 2006-0226 STATE OF ARIZONA v. HIGINIO AGUILAR Opinion Filed: 12/19/2007
Whether the state’s request to use an undisclosed scientific report and to have an undisclosed witness testify during Aguilar’s first trial created manifest necessity requiring a mistrial, so that double jeopardy did not bar his retrial.


2 CA-CR 2006-0319 STATE OF ARIZONA v. ENIS JOHN CHERAMIE, III Opinion Filed: 11/30/2007
Did the trial court err in finding possession of a dangerous drug is a lesser-included offense of transportation of a dangerous drug for sale?

Was the defendant’s due process right to notice of the charges against him under the Arizona and United States Constitutions violated when the court allowed the amendment of his indictment during trial from transportation of a dangerous drug for sale to possession of a dangerous drug?


2 CA-CR 2006-0215 STATE OF ARIZONA v. JAMES PRENTISS COGHILL Opinion Filed: 11/01/2007
1. Did the trial court commit reversible error in admitting evidence that defendant possessed adult pornography based on its finding the evidence was relevant under Rule 404(b), Ariz. R. Evid., to show the defendant’s intent, knowledge, and opportunity to download child pornography?

2. Did the trial court err in allowing the jury to view portions of the child pornography found in defendant’s residence despite his offer to stipulate that the material was child pornography?

3. Did the trial court violate defendant’s Sixth Amendment right to retain counsel of his choice when it denied the application of defendant’s father, an Illinois attorney, to appear pro hac vice?

4. To be guilty of a dangerous crime against children under A.R.S. § 13-604.01, must a defendant have known that the children depicted in child pornography the defendant possessed were under the age of fifteen?

5. Did the trial court violate Rule 15 of the Arizona Rules of Criminal Procedure and commit fundamental error by allowing the state, in making its pretrial disclosure, to provide Coghill with copies of his computer hard drives rather than producing the original hard drives?


2 CA-CR 2006-0049 STATE OF ARIZONA v. THOMAS GREG McCURDY Opinion Filed: 10/24/2007
1. Did the trial court err in finding a witness qualified to recite the contents of a business record even though the court had precluded admission of the actual document under Rule 403, Ariz. R. Evid.?

2. Was the evidence sufficient to permit the jury to find that the defendant was the same person previously convicted in another jurisdiction?

3. Was the trial court required to amend the presentence report pursuant to Rule 26.8(c), Ariz. R. Crim. P., based on the defendant’s allegations that it contained incorrect information?


2 CA-CR 1995-0014 STATE OF ARIZONA v. MIKAL OMAR RASUL Opinion Filed: 10/10/2007
1. Whether, due to his conduct prior to trial, the defendant forfeited his Sixth Amendment right to the assistance of counsel.

2. Whether the defendant’s prior convictions for arson and conspiracy to commit arson occurred on the “same occasion” for purposes of A.R.S. § 13-604(M).


2 CA-CR 2006-0179 STATE OF ARIZONA v. EDDIE BRIAN CARR Opinion Filed: 09/20/2007
1. Did the trial court err in admitting urine test evidence at appellant’s probation revocation proceeding over his objections based on reliability and chain of custody?

2. Did the admission of written urinalysis results without requiring a laboratory employee to testify and be cross-examined violate appellant’s Sixth Amendment confrontation rights as interpreted in Crawford v. Washington?


2 CA-CR 2006-0174-PR STATE OF ARIZONA v. SAMUEL WAYNE SWOOPES Opinion Filed: 09/19/2007
In defendant’s second Rule 32 proceeding, did his claim that the trial judge, without defendant’s personal presence or waiver of any such right, improperly and erroneously answered a note from jurors during their deliberations implicate a right of “sufficient constitutional magnitude” so as to avoid preclusion of the claim under Rule 32.2(a)(3), Ariz. R. Crim. P.?


2 CA-CR 2006-0095 STATE OF ARIZONA v. THOMAS GILES CONNOLLY Opinion Filed: 08/08/2007
Does A.R.S. § 12-116, which imposes a time-payment fee on those who pay a court-ordered “penalty, fine, or sanction” on an installment basis, apply to a defendant who is ordered to reimburse the county for the costs of attorney fees?


2 CA-CR 2007-0075-PR STATE OF ARIZONA v. ALEJANDRO CHAPARRO ROMERO Opinion Filed: 07/30/2007
Does A.R.S. § 13-901.01(A), which requires a court to suspend the imposition of sentence and place on probation a defendant convicted for the first time of personal possession or use of a controlled substance, apply to a conviction for promoting prison contraband in violation of A.R.S. § 13-2505(A)(3)?


2 CA-CR 2006-0203 STATE OF ARIZONA v. MICHAEL MANUEL DIXON Opinion Filed: 07/11/2007
Is evidence of accidental loss or inadvertence by a property owner required to support a conviction for theft of lost or misdelivered property in violation of A.R.S. § 13-1814(A)(4)?


2 CA-CR 2005-0320 STATE OF ARIZONA v. ZACHARY SAMUEL EGGERS Opinion Filed: 06/29/2007
1) Does A.R.S. § 13-501, which requires that juveniles charged with certain crimes automatically be tried as adults, violate due process under the Arizona and United States Constitutions? 2) Did the trial court err in failing to suppress the defendant’s confession, made prior to the defendant’s receiving Miranda warnings? 3) Did the trial court err in failing to suppress the defendant’s second confession, made immediately after he received Miranda warnings? 4) Does the imposition of a natural life sentence on a juvenile constitute cruel and usual punishment under the Arizona and United States Constitutions?


2 CA-CR 2006-0324 STATE OF ARIZONA v. MICAH S. BENNETT Opinion Filed: 06/29/2007
Whether the admission of an affidavit authenticating a defendant’s prior conviction records, offered without testimony, violates the Sixth Amendment’s confrontation clause under Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354 (2004).


2 CA-CR 2007-0040-PR STATE OF ARIZONA v. FRANCISCO LAZARO GONZALEZ, JR. Opinion Filed: 06/28/2007
May a defendant who has been convicted of attempted sexual conduct with an eleven-year-old victim properly be sentenced pursuant to A.R.S. § 13-604.01 for a dangerous crime against children?


2 CA-CR 2006-0191 STATE OF ARIZONA v. PATRICIA A. BARNES Opinion Filed: 06/20/2007
Does an officer transform a lawful warrantless strip search into an intrusion beyond the body’s surface that requires a warrant when he or she handles an object protruding from, and extending into, an arrestee’s body cavity?


2 CA-CR 2006-0032 STATE OF ARIZONA v. RAMON ANTHONY JOYNER Opinion Filed: 05/31/2007
In sentencing a defendant for a first offense of possession of a narcotic drug, marijuana, and drug paraphernalia, did the trial court err in concluding a defendant’s prior convictions for armed robbery and attempted armed robbery were convictions for violent crimes under the definition in A.R.S. § 13-604.04, making him ineligible for mandatory probation under A.R.S. § 13-901.01?


2 CA-CR 2006-0336-PR STATE OF ARIZONA v. RACHEL MARIE VALLEJO Opinion Filed: 05/31/2007
In post-conviction proceedings, did the trial court err in denying the defendant’s claim that her trial counsel had been ineffective when counsel had failed to ask why defendant had rejected the state’s plea offers, and when the former prosecutor avowed he would have accepted a different counter-offer had defendant made one?


2 CA-CR 2005-0219 STATE OF ARIZONA v. CYNTHIA D. JOHNSON Opinion Filed: 04/30/2007
Whether a defendant can be convicted of felony murder pursuant to A.R.S. § 13-1105(A)(2) in the absence of evidence that the defendant was either an accomplice to or a participant in the specific offense alleged as the predicate felony.


2 CA-CR 2006-0137 STATE OF ARIZONA v. STEVEN RAY MILLER Opinion Filed: 04/30/2007
In a prosecution for armed robbery, did the trial court err when it admitted, and found relevant, testimony that, after the defendant’s arrest, there had been a cessation of robberies involving the same modus operandi?


2 CA-CR 2006-0002 STATE OF ARIZONA v. ROBERT JOSEPH WRIGHT Opinion Filed: 04/12/2007
Did the trial court improperly exclude defendant’s psychiatric expert witness testimony offered to rebut the mental state element of the offense in violation of his due process rights under the Fourteenth Amendment to the United States Constitution and the Supreme Court’s holding in Clark v. Arizona, __ U.S. __, 125 S. Ct. 2709 (2006)?


2 CA-CR 2005-0272 STATE OF ARIZONA v. GARY EDWARD COX Opinion Filed: 03/29/2007
Did the trial court err in refusing to give defendant’s requested jury instruction defining prohibited possession even though an identical instruction had been approved in dicta in State v. Tyler, 149 Ariz. 312, 316-17, 718 P.2d 214, 218-19 (App. 1986)?


2 CA-CR 2006-0015 STATE OF ARIZONA v. JILL IRENE PARIS-SHELDON Opinion Filed: 03/15/2007
1. Before denying the defendant’s motion for substitute counsel, did the trial court conduct a sufficient inquiry under State v. Torres, 208 Ariz. 340, 93 P.3d 1056 (2004)? 2. Did the trial court err in denying the defendant’s motion for substitute counsel? 3. Does a criminal defendant waive the attorney-client privilege for purposes of a Torres inquiry? 4. Must a trial court appoint a defendant new counsel for the hearing on the defendant’s motion for substitute counsel? 5. May a defendant properly file a motion to dismiss charges asserting the trial court erred by granting the state’s motion in a previous case, concerning the same defendant and events, to dismiss similar charges without prejudice pursuant to Rule 16.6(a), Ariz. R. Crim. P., 16A A.R.S.? 6. Did the trial court interfere with the defendant’s right to exercise peremptory challenges when, after closing arguments, it excused several jurors for cause after a twelve-person jury had been inadvertently impaneled instead of the required eight-person jury?


2 CA-CR 2006-0157 STATE OF ARIZONA v. CHRISTOPHER CRUZ CUEVAS Opinion Filed: 02/15/2007
In granting a defendant’s motion to suppress evidence stemming from a traffic stop, did the trial court err in determining A.R.S. § 28-751(2), which requires a driver turning left to turn, “[i]f practicable,” into the “left lane immediately available” in the street onto which he or she is turning, means the turn need not be made to the median lane?


2 CA-CR 2006-0024 STATE OF ARIZONA v. RAFAEL REAL Opinion Filed: 01/31/2007
Whether the trial court violated the Sixth Amendment’s Confrontation Clause, as interpreted in Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354 (2004), when it permitted a police officer who testified to a complete lack of memory to read from his police report at trial.


2 CA-CR 2004-0306 STATE OF ARIZONA v. ANTHONY SHARIFF GAY Opinion Filed: 01/23/2007
1. Whether, under Illinois v. McArthur, 531 U.S. 326, 121 S. Ct. 946 (2001), and State v. Ault, 150 Ariz. 459, 724 P.2d 545 (1986), exigent circumstances justified a temporary seizure of defendant’s apartment.

2. Whether the trial court erred by concluding the state did not violate Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712 (1986), by exercising peremptory strikes against two African-American prospective jurors.


2 CA-CR 2006-0050-PR STATE OF ARIZONA v. CESAR FRANCISCO RUBIANO Opinion Filed: 01/18/2007
Does the corpus delicti rule apply in the context of a constitutionally valid, in-court guilty plea?


2 CA-CR 2005-0384 STATE OF ARIZONA v. WALTER JAMES MANGUM Opinion Filed: 01/12/2007
Was the defendant, charged with prohibited possession of a weapon in violation of A.R.S. §§ 13-3102(A)(4) and 13-3101(A)(6)(d), entitled to dismissal of the charge when another court vacated, on constitutional grounds, the underlying prior conviction on which the weapons charge was based?


2 CA-CR 2005-0131 STATE OF ARIZONA v. ALVARO FELIX Opinion Filed: 12/26/2006
Did defendant waive his double jeopardy claim when he did not seek special action relief following the trial court’s rejection of his already accepted guilty plea?


2 CA-CR 2005-0256 STATE OF ARIZONA v. STEVEN JAMES KING Opinion Filed: 11/21/2006
Does the admission of records of a defendant’s prior convictions without testimony and motor vehicle division records of the defendant’s driver’s license suspension violate the defendant’s rights under the Sixth Amendment’s Confrontation Clause?


2 CA-CR 2005-0181 STATE OF ARIZONA v. RICKY LEE SABIN Opinion Filed: 11/15/2006
Whether a defendant’s confession derived in part from illegally seized evidence must be suppressed when the causal link between the evidence and the confession is so attenuated that suppression of the confession would not serve the purposes of the exclusionary rule.


2 CA-CR 2002-0084 STATE OF ARIZONA v. ISRAEL JOAQUIN ALVAREZ Opinion Filed: 09/29/2006

Was an assault victim’s excited utterance at the scene, in response to a police officer’s question, “what happened?” testimonial and, therefore, subject to the Sixth Amendment’s Confrontation Clause under Davis v. Washington, ___ U.S. ___, 126 S. Ct. 2266 (2006), and Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354 (2004)?


2 CA-CR 2005-0248 STATE OF ARIZONA v. PABLO RODRIGUEZ CELAYA Opinion Filed: 06/30/2006
May a defendant who pled guilty appeal from a sentence imposed after a jury, pursuant to Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), determined the existence of aggravating factors?


2 CA-CR 2005-0014 STATE OF ARIZONA v. JAMES ALBERT ROBLES Opinion Filed: 05/25/2006
1. Did the trial court err in refusing to instruct the jury that driving on a suspended license is a lesser-included offense of aggravated DUI on a suspended license?

2. Was the state’s evidence (a DOC “pen pack”) insufficient to prove defendant’s prior convictions for sentence enhancement purposes when that evidence did not include certified copies of the convictions themselves?


2 CA-CR 2004-0362 STATE OF ARIZONA v. KENNETH SCOTT MACHADO Opinion Filed: 05/10/2006
Does an individual who is married to but not living with or engaging in sexual activity with his or her spouse meet the definition of “spouse” in A.R.S. § 13-1401(4)—“a person who is legally married and cohabiting”?


2 CA-CR 2003-0165-PR STATE OF ARIZONA v. FREDRIC B. CLEERE Opinion Filed: 02/28/2006
(1) Is infliction or threatened infliction of serious physical injury an essential element of attempted murder such that the trial court erred as a matter of law under A.R.S. § 13-702(C)(1) in citing the victim’s serious physical injury as an aggravating factor for sentencing purposes?

(2) Did the trial court’s imposition of an aggravated sentence violate Blakely v. Washington, 124 S. Ct. 2531 (2004), when some of the aggravating factors the trial court cited were neither found by a jury nor admitted by the defendant and when the trial court also found mitigating factors?


2 CA-CR 2004-0419 STATE OF ARIZONA v. GUILLERMO CAMACHO URQUIDEZ Opinion Filed: 01/31/2006
1. Does Blakely v. Washington require a jury determination that two offenses represent separate acts for purposes of A.R.S. § 13-116 before a trial court may impose consecutive sentences for those offenses?

2. Under the facts of this case, did prohibited possession and aggravated assault with a deadly weapon constitute different acts?’


2 CA-CR 2004-0139 STATE OF ARIZONA v. ROBERT MICHAEL HOLLENBACK Opinion Filed: 12/29/2005
1. Is the offense of luring a minor for sexual exploitation, A.R.S. § 13-3554, limited to conduct that involves producing pornographic material?

2. Was the defendant properly sentenced to a life term for the crime of sexual conduct with a minor, pursuant to A.R.S. § 13-604.01(A)?


2 CA-CR 2004-0043 STATE OF ARIZONA v. ANDREW JAMES RAYMOND BURDICK Opinion Filed: 12/21/2005
Does a single act of recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument constitute multiple disorderly conduct offenses under A.R.S. § 13-2904(A) if multiple victims are involved?


2 CA-CR 2004-0105 STATE OF ARIZONA v. JAY DAVID RAMSEY, SR. Opinion Filed: 11/30/2005
1. Was the defendant’s indictment, which charged him with continuous sexual abuse of a child in violation of A.R.S. § 13-1417, duplicitous?

2. Does § 13-1417(C) violate the jury unanimity requirement of article II, § 23 of the Arizona Constitution?


2 CA-CR 2004-0329 STATE OF ARIZONA v. DEAN JOHNATHAN MILES Opinion Filed: 11/30/2005
1. In a prosecution for aggravated assault against his passenger, did the defendant driver have standing to assert the passenger’s physician-patient privilege so as to exclude evidence of his injuries and medical treatment?

2. After the trial court granted a judgment of acquittal on all DUI charges and instructed the jury to disregard any alcohol-related evidence, was the remaining evidence sufficient to support a finding that the defendant had acted with criminal recklessness?


2 CA-CR 2005-0026 STATE OF ARIZONA v. PETER DAMIEN KEITH Opinion Filed: 11/10/2005
May the state prove a defendant’s prior conviction for purposes of enhancing the defendant’s sentence after the original jury is dismissed without violating the Fifth Amendment’s prohibition against double jeopardy?


2 CA-CR 2004-0222 STATE OF ARIZONA v. JUAN MANUEL MOLINA Opinion Filed: 08/30/2005
A. Whether any of the six aggravating circumstances found by the trial court were Blakely compliant or exempt.

B. Whether the imposition of aggravated prison terms, in the absence of any Blakely-compliant or -exempt aggravating circumstances, constituted fundamental error.

C. Whether the defendant demonstrated he had been prejudiced by Blakely error when, as to one of the six aggravating circumstances found by the court, no reasonable jury could have reached a different conclusion.


2 CA-CR 2004-0108 STATE OF ARIZONA v. WILLIAM GOMEZ Opinion Filed: 08/26/2005
Was it an abuse of discretion for the trial court to refuse the criminal defendant’s request to allow the jury to use a magnifying glass to examine fingerprints in the deliberation room?


2 CA-CR 2004-0378-PR STATE OF ARIZONA v. SAMUEL PHILLIP VIRAMONTES Opinion Filed: 08/26/2005
If a criminal defendant’s original sentence has been vacated in its entirety on appellate review and he has been resentenced, is the ninety-day period “after the entry of judgment and sentence” for initiating a post-conviction proceeding under Rule 32.4(a), Ariz. R. Crim. P., 17 A.R.S., calculated from the date of the original sentence or from the date of the new sentence?


2 CA-CR 2004-0063 STATE OF ARIZONA v. RENEE SUE RUGGIERO Opinion Filed: 08/10/2005
1. Did the trial court err in refusing a requested jury instruction on justification to prevent child molestation?

2. Did the trial court’s admission, with a limiting instruction, of a non-testifying codefendant’s statement to police solely for impeachment purposes violate the defendant’s right of confrontation?

3. Did the defendant show fundamental, prejudicial error in the trial court’s finding aggravating sentencing factors that were neither Blakely-compliant nor -exempt?


2 CA-CR 2004-0099 STATE OF ARIZONA v. KENNETH ALLEN MAY Opinion Filed: 06/03/2005
1. Was a police officer/phlebotomist’s consensual drawing of a blood sample in the field, at the site of the DUI suspect’s arrest, per se unreasonable under the Fourth Amendment?

2. In prosecution for aggravated DUI under A.R.S. § 28-1383(A)(3), did the trial court err in admitting, pursuant to Rule 803(19), Ariz. R. Evid., the arresting officer’s testimony about hearsay statements establishing the passenger’s age and date of birth?

3. When inadmissible evidence was admitted at trial and constituted the sole proof of one element of the charged offense, and when the conviction is reversed on that basis on appeal, do double jeopardy principles preclude a retrial on the same charge?


2 CA-CR 2004-0096 STATE OF ARIZONA v. KEVIN ALBERT JOHNSON Opinion Filed: 05/27/2005
Did the trial court’s consideration of an aggravating factor neither admitted by the defendant nor implicit in the jury’s verdicts violate Blakely v. Washington when the court ultimately imposed presumptive sentences?


2 CA-CR 2003-0238 STATE OF ARIZONA v. MATTHEW ERICH MANZANEDO Opinion Filed: 04/29/2005
Does A.R.S. § 13-1207 create two separate offenses or a single offense that may be committed in alternate ways?


2 CA-CR 2003-0075 STATE OF ARIZONA v. JESUS ANTONIO ALEMAN Opinion Filed: 04/04/2005
1. Did the trial court err in denying defendant’s motion to suppress blood test results when police, without a warrant and pursuant to A.R.S. § 28-1388(E), seized blood samples previously drawn by hospital personnel for medical purposes?

2. Did the trial court violate Blakely v. Washington by imposing aggravated sentences when some, but arguably not all, of the aggravating factors the court found were Blakely-compliant or -exempt, and when the court also found mitigating factors?

3. Is a defendant’s prior misdemeanor conviction Blakely-exempt?

4. Was any Blakely error harmless beyond a reasonable doubt?


2 CA-CR 2003-0123 STATE OF ARIZONA v. TYLA NAUREEN POSHKA Opinion Filed: 04/01/2005
Poshka Issue Statement:

Is A.R.S. § 28-1381, which prohibits having a blood alcohol concentration of .08 or greater within two hours of driving, unconstitutionally vague because a driver may not be able to determine the precise time when his or her blood alcohol concentration reaches .08 or, alternatively, because the statute permits arbitrary and discriminatory enforcement?

Does a defendant have standing to challenge A.R.S. § 28-1381 as overbroad when applied to parties not before the court if his First Amendment rights are not implicated?

Did the legislature’s elimination of the affirmative “relation back” defense provision of A.R.S. § 28-1381 render the statute no longer rationally related to furthering a legitimate governmental interest? Alternatively, did the elimination of that clause unconstitutionally extinguish the state’s burden of proving the offense beyond a reasonable doubt?


2 CA-CR 2003-0267 STATE OF ARIZONA v. STANLEY THOMAS TYSZKIEWICZ Opinion Filed: 02/14/2005
1. Does the operational checklist that must be followed in order for a breath test to be admissible under former A.R.S. § 28-695(A)(4), now § 28-1323(A)(4), require that only one officer conduct the entire deprivation period?

2. Can the state use evidence that a defendant moved his vehicle from the scene of an accident at an officer’s request as proof that defendant had the requisite alcohol concentration within two hours of driving as required by former A.R.S. § 28-692(A)(2), now § 28-1381(A)(2), without violating defendant’s due process rights, when the officer had no reason to believe defendant was impaired at the time of the request?


2 CA-CR 2002-0386 STATE OF ARIZONA v. DEREK SCOTT OAKS Opinion Filed: 01/14/2005
Is a fifteen year old charged with committing a violent crime recklessly and tried as an adult pursuant to A.R.S. § 13-501 entitled to a recklessness instruction requiring a “gross deviation from the standard of conduct that a reasonable person of age 15 would observe in the situation?”


2 CA-CR 2003-0386 STATE OF ARIZONA v. DANIEL JAMES ALEXANDER BARNETT Opinion Filed: 11/30/2004
May a person who has pled guilty to a felony but is on release awaiting sentencing when arrested for being in possession of a deadly weapon be a prohibited possessor under A.R.S. § 13-3101(A)(6)(d), when no judgment of conviction has yet been entered on the guilty plea and the person has neither been sentenced to a prison term nor placed on probation?


2 CA-CR 2004-0136 STATE OF ARIZONA v. RICHARD EMANUEL RAY Opinion Filed: 11/22/2004
Must Attorney General be given notice under A.R.S. § 13-121 of a petition to revoke probation?


2 CA-CR 2003-0302 STATE OF ARIZONA v. FRANCISCO JAVIER ESTRADA Opinion Filed: 11/04/2004
May a law enforcement officer obtain a sample of a person’s blood under A.R.S. § 28-1388(E) when the person’s blood has been drawn for medical purposes by medical personnel but the person has received that medical treatment against his or her express will?


2 CA-CR 2003-0021-PR STATE OF ARIZONA v. RODNEY GEORGE JACKSON Opinion Filed: 09/22/2004
CR 2003-0021 State v. Jackson

Issue Statement

Did the petitioner raise a colorable claim for post-conviction relief in asserting that trial counsel had been ineffective for failing to reinitiate plea negotiations with the prosecutor just before trial began?


2 CA-CR 2003-0092 STATE OF ARIZONA v. RENE A. SANCHEZ Opinion Filed: 09/21/2004
State v. Sanchez 2 CA-CR 2003-0092 Issue Summary Must a trial court expressly invoke A.R.S. § 13-921 at the time it places a juvenile defendant who has been convicted as an adult on probation in order for the court to be able to grant the defendant relief under § 13-921(B) after the defendant completes probation?


2 CA-CR 2003-0322 STATE OF ARIZONA v. OSCAR MANUEL LOPEZ Opinion Filed: 09/15/2004
CR 2003-0322 State v. Lopez

Lopez Issue Statement

1. May a defendant charged with misconduct involving weapons by possessing a deadly weapon when prohibited from doing so under A.R.S. § 13-3102 require the state to stipulate to the defendant’s status as a prohibited possessor?

2 When a defendant charged with misconduct involving weapons by possessing a deadly weapon when prohibited from doing so contends he discovered the existence of that weapon in his vehicle only after passengers had departed, did the trial court abuse its discretion by refusing that defendant’s proffered jury instruction stating that “[p]assing control, such as momentarily handling an item, does not constitute possession of that item” under A.R.S. § 13-3102(A)(4), and stating that in order to find the defendant guilty the jury must find beyond a reasonable doubt that the defendant had had more than just passing control of the firearm?


2 CA-CR 2002-0202 STATE OF ARIZONA v. MAX VALENCIA CHAVEZ Opinion Filed: 09/14/2004
1. Does driving under the influence of intoxicants constitute a breach of the peace for purposes of a citizen’s arrest pursuant to A.R.S. § 13-3884(1)?

2. Does either the Fourth Amendment or the exclusionary rule apply to the actions of a tribal ranger lacking authority as an Arizona peace officer?


2 CA-CR 2002-0447 STATE OF ARIZONA v. CHARLES SCOTT NEWNOM Opinion Filed: 08/25/2004
Can a defendant charged with aggravated domestic violence under A.R.S. § 13-3601.02, in which prior domestic convictions are an element of the offense, prevent the jury from learning of these prior convictions by stipulating to their existence?


2 CA-CR 2003-0080-PR STATE OF ARIZONA v. VIRGINIA L. OFSTEDAHL Opinion Filed: 07/27/2004
If a defendant pleads guilty to two or more offenses in the same proceeding, can one of these offenses then be used as an historical prior felony conviction pursuant to A.R.S. § 13-604 to enhance the sentence imposed for any one of the other offenses?


2 CA-CR 2002-0333 STATE OF ARIZONA v. MARK ANTHONY CONS Opinion Filed: 07/22/2004
State v. Cons 2 CA-CR 2002-0333

Issue Summary:

1. May the state amend existing allegations of prior convictions for sentence enhancement pursuant to A.R.S. §13-604 after trial but before sentencing to change dates of conviction and specify the class of felony?

2. Must the state prove the existence of a prior historical conviction for sentence enhancement under A.R.S. § 13-604(P) beyond a reasonable doubt?

3. Was the procedure followed by the state and the evidence submitted sufficient to prove the defendant’s prior convictions for sentence enhancement pursuant to A.R.S. §13-604?


2 CA-CR 2002-0037 STATE OF ARIZONA v. MICHAEL EDWARD GARFIELD Opinion Filed: 06/30/2004
State v. Garfield 2 CA-CR 2002-0037

Issue Summary

Are the defenses in A.R.S. § 13-411 available to a defendant who is not a resident of a dwelling but who is present at the invitation of a resident and who asserts he shot the victim to protect the sanctity of the dwelling from an altercation between the victim and another guest?


2 CA-CR 2002-0285 - 2 CA-CR 2002-0431 (consolidated) STATE OF ARIZONA v. ARMANDO D. RODRIGUEZ-GONZALES; HIEBER Opinion Filed: 06/16/2004
State v. Gonzalez and Hieber CR 2002-0285 CR 2002-0431 (Consolidated)

Issue Summary

When a pleading defendant is granted a new sentencing hearing following successful post-conviction proceedings, may the defendant seek direct review of the new sentence under A.R.S. § 13-4033?


2 CA-CR 2002-0251-PR STATE OF ARIZONA v. CLAYTON M. GUILLIAMS Opinion Filed: 05/28/2004
CR 2002-0251-PR

State v. Guilliams

Issue Summary

To what extent, if at all, may a trial court order a criminal defendant who aided and abetted a prison escape to pay restitution to the Arizona Department of Corrections for institutional costs incurred in responding to the escape?


2 CA-CR 2002-0391 STATE OF ARIZONA v. JOHN WILLIAM JACKSON Opinion Filed: 05/28/2004
1. When a criminal defendant raises a limitation defense under A.R.S. § 13-107(B), which party bears the burden of proof on the limitation and discovery issue, and what standard of proof applies?

2. Does the limitation period in § 13-107(B) begin when the state discovers or, with the exercise of reasonable diligence, should have discovered that an offense possibly has been committed or, rather, that an offense probably has been committed?


2 CA-CR 2003-0254 STATE OF ARIZONA v. TONY DEWAYNE SMITH Opinion Filed: 05/27/2004
State of Arizona v. Tony Dewayne Smith, 2 CA-CR 2003-0254 Issue Summary

To enter a defendant’s home to execute an arrest warrant, must a law enforcement officer possess a reasonable belief that the defendant is probably home or may the officer lawfully enter based on a mere possibility that the defendant will be found within?


2 CA-CR 2003-0001 STATE OF ARIZONA v. LAWRENCE BROWN, JR. Opinion Filed: 02/17/2004
Does Arizona’s harassment statute, A.R.S. § 13-2921, implicate or violate First Amendment rights to free speech, and did the defendant here have standing to assert vagueness and overbreadth challenges to the statute?


2 CA-CR 2001-0445 STATE OF ARIZONA v. DANIEL HERIBERTO RIVERA Opinion Filed: 01/30/2004
1. Was it a violation of due process to try a DUI defendant on the alternative theories that he had either been the driver of the vehicle or had been a passenger in temporary but actual physical control, when the grand jury had been advised he was the driver?

2. Can the act of a passenger who alters the course of a moving vehicle by grabbing its steering wheel constitute “actual physical control” for purposes of the DUI statutes?


2 CA-CR 2002-0466 STATE OF ARIZONA v. MATTHEW RUEBEN MONACO Opinion Filed: 01/22/2004
Does Arizona’s statutory scheme allow a trial court to apply the doctrines of sentence entrapment or sentence manipulation to reduce a defendant’s sentence below the range prescribed by the legislature?


2 CA-CR 2003-0151 STATE OF ARIZONA v. JANICE L. WILSON Opinion Filed: 01/16/2004
Does Peak v. Acuna, 203 Ariz. 83, 50 P.3d 833 (2002), require dismissal on double jeopardy grounds of a case in which the trial court erroneously ordered a post-verdict judgment of acquittal and, after reversal of that ruling on appeal, granted the defendant’s motion for a new trial?


2 CA-CR 2002-0307 STATE OF ARIZONA v. CHRISTINA MARIE GEORGE Opinion Filed: 11/26/2003
Was the evidence sufficient to support the defendant’s conviction for aggravated assault causing serious physical injury when the victim suffered a gunshot wound for which she was hospitalized two days and there was no evidence she suffered any protracted impairment?


2 CA-CR 2001-0533 STATE OF ARIZONA v. CARLOS NORMAN GIVENS Opinion Filed: 09/23/2003
Does Proposition 200 require that a defendant convicted of first-time drug offenses be placed on probation when the defendant is also convicted of a violent offense for purposes of A.R.S. § 13-901.01 in the same proceeding?


2 CA-CR 2003-0027 STATE OF ARIZONA v. MARYANN LIVINGSTON Opinion Filed: 09/16/2003
Whether a traffic stop violates the Fourth Amendment rights of the driver when the officer bases the stop on objective facts that the officer erroneously believes constitute a traffic violation under Arizona law.


2 CA-CR 2001-0491 STATE OF ARIZONA v. LENNY M. BOX Opinion Filed: 07/31/2003
1. May a police officer stop a vehicle and detain the driver for a suspected traffic violation not committed in that officer’s presence but observed and reported by another officer in light of A.R.S. §§ 28-1594 and 13-3883(B) and article II, § 8 of the Arizona Constitution?

2. Were the defendant’s Fourth Amendment rights violated following the conclusion of the traffic stop by the officer’s asking additional questions and conducting a “dog sniff” of the defendant’s vehicle where the police dog was already at the scene and the additional time involved was very brief?


2 CA-CR 2002-0187-PR STATE OF ARIZONA v. ERNESTO LUIS CAZARES Opinion Filed: 07/11/2003
May a pleading defendant seeking post-conviction relief pursuant to Rule 32, Ariz. R. Crim. P., 17 A.R.S., raise a claim challenging the trial court’s compliance with the relevant sentencing statutes when the sentence imposed is within the statutory range?


2 CA-CR 2001-0537 STATE OF ARIZONA v. VICTOR DAVID RODRIGUEZ Opinion Filed: 06/27/2003
1. Does the state’s failure to file with the indictment notice of a juvenile’s chronic-felony-offender status under A.R.S. § 13-501(D) divest the superior court’s criminal division of personal jurisdiction to try the juvenile as an adult, even when the juvenile receives a hearing under § 13-501(E) and is found to be a chronic felony offender?

2. Are A.R.S. §§ 13-501(A)(6) and 13-501(E) unconstitutional under Apprendi and its progeny?

3. Was officers’ seizure of weapon justified by concerns for officer safety and, therefore, constitutionally reasonable?


2 CA-CR 2001-0033 - 2 CA-CR 2002-0046 (consolidated) STATE OF ARIZONA v. JOHN ROBERT ESSER Opinion Filed: 05/23/2003
Was evidence of DUI defendants’ alcohol breath test results inadmissible based either on a defense expert’s testimony that the Intoxilyzer 5000 is incapable of testing breath specimens that are “alveolar in composition,” as an administrative regulation requires, or on the Frye standard for admissibility of scientific evidence?


2 CA-CR 2001-0146 STATE OF ARIZONA v. TYRONE VAUGHN HENRY Opinion Filed: 05/20/2003
State v. Henry, CR 2001-0146

Does sexual gratification constitute a benefit under A.R.S. § 13-2310?


2 CA-CR 2002-0362-PR STATE OF ARIZONA v. ADAM ALBERT ROSALES Opinion Filed: 04/25/2003
Does a Rule 32 petitioner waive other potential Rule 32 claims by filing an initial, successful Rule 32 petition requesting leave to file a delayed appeal?


2 CA-CR 2001-0379 STATE OF ARIZONA v. JOSE UZARRAGA ALVAREZ Opinion Filed: 04/23/2003
May a sentencing court aggravate a defendant’s sentence under the catchall provision of A.R.S. § 13-702(C)(19) on the basis of a fact or circumstance already used to enhance the sentencing range of the offense?


2 CA-CR 2001-0343 STATE OF ARIZONA v. JEFFREY ALLEN BROWN Opinion Filed: 03/19/2003
(1) Must a trial court conduct a trial on an allegation of prior felony conviction when a defendant substantially admits the prior felony conviction while testifying at trial? (2) Does a portion of A.R.S. § 13-1805(I) create a new, substantive offense of facilitated shoplifting and, if so, is facilitated shoplifting a greater offense to the offense of shoplifting set forth in § 13-1805(A), thereby entitling the defendant to a lesser-included offense jury instruction.


2 CA-CR 2000-0216 - 2 CA-CR 2001-0300-PR (consolidated) STATE OF ARIZONA v. CARL W. MORGAN, JR Opinion Filed: 11/19/2002
Issue Summary

How should the corpus delicti rule be applied to closely related sexual offenses against children?


2 CA-CR 2000-0260 STATE OF ARIZONA v. ALICE C. JEFFREY Opinion Filed: 08/18/2002


2 CA-CR 2001-0371 STATE OF ARIZONA v. MARCOS ANTONIO HERRERA Opinion Filed: 08/13/2002


Civil
2 CA-CV 2014-0004 LEWIS v. DEBORD and NELSON-DEBORD Opinion Filed: 10/06/2014
Whether a judgment creditor may satisfy his or her judgment by executing on the judgment debtor’s real property that was transferred to a subsequent purchaser after recordation of the judgment pursuant to A.R.S. § 33-961(A) but before attachment of the information statement required under A.R.S. §§ 33-961(C) and 33-967(A).


2 CA-CV 2014-0013 IN RE $70,070 IN U.S. CURRENCY Opinion Filed: 09/30/2014
(1) In a forfeiture action, does A.R.S. § 13-4311(H) preclude a claimant from filing a summary judgment motion before a “responsive pleading” is served?

(2) Did the trial court err by holding a probable cause hearing in connection with a Rule 12(b)(6), Ariz. R. Civ. P., motion to dismiss a forfeiture complaint and, as a result, fail to apply the proper standard in ruling on the motion?


2 CA-CV 2014-0019 MYRICK v. MALONEY Opinion Filed: 08/29/2014
(1) In this domestic-relations proceeding, did the trial court abuse its discretion by declining to award the appellant her attorney fees pursuant to A.R.S. § 25-324(A), given the significant disparity in the parties’ incomes? (2) Are attorney fees available in a final judgment pursuant to A.R.S. § 25-403.08?


2 CA-CV 2014-0029 BOYLE v. FORD MOTOR COMPANY Opinion Filed: 08/29/2014
Did the trial court err by imposing sanctions under Rule 68, Ariz. R. Civ. P., when the offer of judgment provided for dismissal of all claims with prejudice, rather than entry of judgment, but the offerees failed to object to the form of offer until after the jury entered its verdict and sanctions were imposed?


2 CA-CV 2013-0146 CITY OF TUCSON, CITY OF PHOENIX v. STATE OF ARIZONA; KEN BENNETT Opinion Filed: 08/18/2014
Whether charter cities can select election dates independent of statewide election dates pursuant to their authority to structure how their governing officers are elected.


2 CA-CV 2014-0005 ABEL CUELLAR v. MEGAN G. VETTOREL Opinion Filed: 08/18/2014
When an offer of judgment made pursuant to Rule 68, Ariz. R. Civ. P., is contingent upon the offeree satisfying his medical liens, did the trial court err by not subtracting the amount of the liens from the offer before comparing it to the final judgment for the purpose of awarding sanctions?


2 CA-CV 2013-0148 DON C. ROBERTSON, et al. v. ROBERT E. ALLING and JACQUELINE R. ALLING, et al. Opinion Filed: 08/05/2014
Did the trial court err by enforcing a settlement agreement under Rule 80(d), Ariz. R. Civ. P., when one of the parties challenged its attorney’s settlement authority?

If the court erred in finding the agreement enforceable pursuant to Rule 80(d), was the agreement still enforceable under the principles of equitable estoppel?


2 CA-CV 2014-0022 IN RE THE MARRIAGE OF THORN Opinion Filed: 07/17/2014
1. Filed more than thirty days after the entry of the judgment, did the untimely portion of the amended notice of appeal bar appellate jurisdiction to address the distribution of community personal property?

2. Did the trial court err in ordering Husband to return certain stocks and bonds to Wife?

3. Was Husband judicially estopped from arguing a contrary position on appeal regarding the equitable distribution of the marital residence; alternatively, did the trial court err in its distribution?

4. Did the trial court err in determining that a loan from Wife to Husband remained unpaid?


2 CA-CV 2012-0166 - 2 CA-CV 2013-0090 (consolidated) BENNETT BLUM, M.D., INC. v. COWAN; LAW OFFICE OF RAND HADDOCK Opinion Filed: 07/03/2014
2 CA-CV 2012-0166 (2) Memorandum Decision Filed: 07/03/2014
(1) Whether the trial court’s findings of fact and conclusions of law in this breach-of-contract action are supported by the record; (2) whether the trial court erred by precluding appellants from presenting the affirmative defense of breach of the implied covenant of good faith and fair dealing; and (3) whether the trial court erred by awarding appellee attorney fees incurred post-judgment.


2 CA-CV 2014-0001 KONDAUR CAPITAL CORP. v. WHITE; BABEU Opinion Filed: 06/27/2014
On appeal from a declaratory judgment action concerning the procurement and enforcement of writs of restitution:

1) Does the Appellant have standing to seek appellate review of issues that were resolved in its favor?

2) Does any exception to the mootness doctrine apply to Appellant’s claims?


2 CA-CV 2013-0117 IN RE INDENTURE OF TRUST DATED JANUARY 13, 1964 Opinion Filed: 05/16/2014
1. Did the trial court err in finding that the beneficiary of a spendthrift trust had no standing to file a petition for accounting when the beneficiary had, twelve years prior, assigned his entire interest in the trust?

2. Did the trial court err in awarding the appellees/cross-appellants attorney fees pursuant to A.R.S. § 14-11004(B)?

3. Did the trial court err in awarding the appellees/cross-appellants a lower amount of attorney fees than what they requested?


2 CA-CV 2013-0113 MUNGER CHADWICK v. FARWEST DEVELOPMENT AND CONSTRUCTION OF THE SOUTHWEST, LLC, et al Opinion Filed: 05/07/2014
Did the trial court err in finding that a law firm was eligible for an award of attorney fees when representing itself?


2 CA-CV 2013-0108 JOHN MUNIC ENTERPRISES, INC. v. LAOS Opinion Filed: 05/06/2014
Did the court err in refusing under Rule 60(C)(5), and based on the Uniform Contribution Among Tortfeasors Act, to offset against a judgment for breach of contract and fraud, the amount of a legal malpractice settlement? If so, may the court’s ruling nonetheless be upheld because of the collateral source rule?


2 CA-CV 2013-0143 SVENDSEN v. ARIZONA DEPARTMENT OF TRANSPORTATION, et al Opinion Filed: 04/30/2014
(1) When the suspension of a driver’s license has been appealed to the superior court pursuant to our implied consent statute, A.R.S. § 28-1321, does the Arizona Department of Transportation have a statutory right to appeal the superior court’s decision? (2) If so, did the administrative law judge err in sustaining the suspension here?


2 CA-CV 2013-0069 - 2 CA-CV 2013-0097,2 CA-CV 2013-0098 (consolidated) SOUTHWEST NON-PROFIT HOUSING CORPORATION v. NOWAK, KNIFFEN, MARTELL Opinion Filed: 03/31/2014
1. Did the trial court err in granting defendant appraiser’s motion to dismiss a negligence claim based on lack of duty to plaintiff property seller who claimed a negligently prepared appraisal resulted in a lower sale price for its property?

2. In two similar, consolidated cases, did the trial court err by granting defendant appraisers’ motions for summary judgment based on lack of duty to, and reliance by, plaintiff property seller?


2 CA-CV 2013-0065 PI'IKEA, LLC v. WILLIAMSON Opinion Filed: 03/26/2014
1. Did the trial court err in granting summary judgment for plaintiff who had brought an action on a guarantee when the defendant guarantors asserted the lender had a duty to mitigate its damages by permitting a trustee sale to occur, or to take some other recourse, years earlier when the subject property still had sufficient value to cover the debt?

2. Did the guarantors' express waiver of protections under A.R.S. § 47-3605 and "any similar or analogous other statutory or common law" duty preclude their defense that the lender had a duty to mitigate damages before the property lost significant value?


2 CA-CV 2013-0053 TIMMONS v. ROSS DRESS FOR LESS, INC. Opinion Filed: 03/21/2014
1) Did the trial court err in granting defendant retail store's motion for summary judgment on the basis that it was not the owner or controller of the premises where plaintiff fell? 2) Did the trial court err in denying plaintiff's motion to amend her complaint?


2 CA-CV 2013-0044 SANDRETTO v. PAYSON HEALTHCARE MANAGEMENT, INC. Opinion Filed: 03/11/2014
1. In this medical malpractice case, did the trial court err in denying a motion for new trial, which included claims the court made several erroneous evidentiary rulings, improperly denied a motion to continue and a motion for judgment as a matter of law, and improperly approved a co-defendant's settlement agreement?

2. Did the trial court err in denying the motion for new trial on the basis that the verdict was supported by substantial evidence and not the result of improper closing arguments?


2 CA-CV 2013-0075 IN RE ESTATE OF RICHARD R. SNURE Opinion Filed: 02/28/2014
1) Was Garbareno’s right to notice under the Fourteenth Amendment violated when the estate mailed a notice of claim denial to Garbareno by certified mail, the notice was returned as undeliverable, and the estate took no further steps to notify Garbareno? 2) Did the estate’s sending of the notice by certified mail fulfill the requirements of A.R.S. § 14-3806(A)? 3) If the notice sent by the estate was deficient for any of these reasons, what is Garbareno’s remedy?


2 CA-CV 2013-0089 STANT v. CITY OF MARICOPA EMPLOYEE MERIT BOARD, et al Opinion Filed: 02/25/2014
1. Does this court have jurisdiction over a discharged law enforcement officer’s appeal under A.R.S. § 38-1004 from the decision of a city or its merit board? 2. If so, does the record here support the decision of the city or board?


2 CA-CV 2013-0105 LOPEZ v. FOOD CITY Opinion Filed: 02/25/2014
Should this court apply Rule 9(b)(2)(B) of the amended Rules of Civil Appellate Procedure, effective as of January 1, 2014, to our consideration of jurisdiction over this appeal?


2 CA-CV 2013-0047 MONROE v. BASIS SCHOOL, INC. Opinion Filed: 02/10/2014
Did the trial court err in determining a charter school has no duty of care to place a school crossing guard at a controlled intersection when the school did not designate the intersection as a school cross-walk?


2 CA-CV 2012-0174 MARTHA EQUIHUA v. CARONDELET HEALTH NETWORK, dba CARONDELET ST. MARY’S HOSPITAL Opinion Filed: 02/03/2014
1) Did the trial court err in finding that alleged negligence in monitoring decedent's tube feeding at an acute care hospital was not actionable abuse under the Adult Protective Services Act ("APSA")? 2) Did the trial court err in finding that the wrongful death claim predicated on the APSA claim also failed?


2 CA-CV 2013-0051 MM&A PRODUCTIONS, LLC v. YAVAPAI-APACHE NATION, et al Opinion Filed: 01/16/2014
Can the doctrine of apparent authority be applied in a contract action to conclude an Indian Nation’s employee waived the Nation’s sovereign immunity?

Did the trial court err by not allowing further discovery or an evidentiary hearing before ruling it lacked subject matter jurisdiction over appellant’s contract action?


2 CA-CV 2013-0086 THE ESTATE OF JOSEFA U. DeCAMACHO v. LA SOLANA CARE AND REHAB, INC. Opinion Filed: 01/14/2014
In ordering arbitration of claims brought by the decedent’s estate and survivors, did the trial court err by finding that: 1) a valid and enforceable contract existed between the decedent and La Solana Care and Rehab, Inc., and 2) the contract’s arbitration clause bound the estate and survivors’ claims brought under Arizona’s Adult Protective Services Act and wrongful death statute?


2 CA-CV 2013-0038 IN THE MATTER OF THE ESTATE OF SANFORD M. BOLTON Opinion Filed: 12/20/2013
1. Does A.R.S. § 14-3804 require a claimant with a lawsuit pending against the decedent at the time of the decedent’s death, and who sends notice of the claim to the personal representative, to commence another proceeding or move for probate allowance in order to preserve the claim after the personal representative mailed a notice of disallowance of the claim?

2. Did the probate court err in its determination that a claim was barred because no further proceedings were initiated against the estate after the personal representative disallowed a notice of claim, which incorporated the complaint from an ongoing suit against the decedent?


2 CA-CV 2013-0056 DOUGALL v. DOUGALL Opinion Filed: 12/18/2013
Whether A.R.S. § 25-530 precludes a trial court from considering veterans’ disability benefits as income in determining the payment of arrearages on an award of spousal maintenance.


2 CA-CV 2013-0062 RASH v. TOWN OF MAMMOTH Opinion Filed: 12/13/2013
(1) Do Rule 7, Ariz. R. P. Spec. Actions, A.R.S. § 12-904, or the common law create a time limit for filing statutory special actions pursuant to A.R.S. § 38-1004?

(2) Did the trial court err in ruling the doctrine of laches barred filing a statutory special action pursuant to A.R.S. § 38-1004 in this case?

(3) Due to the pre-filing procedures, did the trial court lack subject matter jurisdiction to hear the statutory special action filed pursuant to A.R.S. § 38-1004?


2 CA-CV 2013-0024 YANNI, THOMPSON, GUNDERSON, SAYEGH v. TUCKER PLUMBING, INC., BREWER ENTERPRISES, INC. Opinion Filed: 11/20/2013
Are subcontractors of new home construction subject to suit by homeowners for breach of the implied warranty of workmanship and habitability absent contractual privity with the homeowners?


2 CA-CV 2013-0120 PARKER, SPRINGER JR., ANDERSON v. COMMITTEE FOR SUSTAINABLE RETIREMENT IN SUPPORT OF INITIATIVE Opinion Filed: 11/19/2013
In this election case, the appeal of which is expedited, did the trial court err by: (1) failing as a matter of law to invalidate signatures for the City of Tucson’s Ballot Initiative 2013-I004 that were challenged by appellants on the grounds the signatures were collected by ineligible circulators and/or the signatures were defective; and (2) ordering that the initiative be placed on the City’s November 5, 2013 election ballot. With respect to the cross-appeal, did the court err by: (1) denying appellee/cross-appellant’s motion to dismiss the complaint pursuant to Rule 12(b)(6), Ariz. R. Civ. P., on August 14, 2013; (2) disqualifying certain initiative petition signatures in favor of appellant/cross-appellees.


2 CA-CV 2013-0015 ROGERS v. BOARD OF REGENTS OF THE UNIVERSITY OF ARIZONA Opinion Filed: 10/01/2013
Did the trial court err in determining when a quiet title action for an easement by implication accrues against a public entity pursuant to the one-year statute of limitations under A.R.S. § 12-821?


2 CA-CV 2013-0023 DELONG v. MERRILL Opinion Filed: 09/27/2013
Whether the trial court erred by failing to apply the standards of Rule 36(c), Ariz. R. Civ. P., to a party’s motion to file late responses to requests for admission and by granting summary judgment as a sanction for the party’s failure to provide timely responses.


2 CA-CV 2012-0118 RICE v. BRAKEL, M.D., CENTER FOR NEUROSCIENCES Opinion Filed: 09/12/2013
1) May a patient sue for medical battery when his surgeon had an undisclosed drug dependency at the time of surgery?

2) Is a surgeon’s own knowledge of his drug dependency imputed to his employer, and, if so, should that constructive knowledge have precluded the entry of summary judgment on appellant’s claim of negligent supervision?

3) Did the trial court err in granting summary judgment in favor of appellee on appellant’s tort claims on the ground that appellant failed to adduce evidence to establish the essential elements of his claims?

4) Did the trial court err in granting summary judgment in favor of appellee on appellant’s breach of the covenant of good faith and fair dealing claim on the ground that appellant failed to adduce evidence to establish the essential elements of his claim?


2 CA-CV 2013-0005 FIRST CREDIT UNION v. COURTNEY Opinion Filed: 09/12/2013
1) Does a lender bring an action for a deficiency judgment under A.R.S. § 33-814 prematurely when it has not exhausted all of its collateral?

2) Does A.R.S. § 33-814(G) prevent a creditor from obtaining a deficiency judgment on residential property when the creditor has not conducted a trustee’s sale of the property and creditor’s loan was not a purchase money loan?

3) Does the extinguishment of the principal borrower’s debt under A.R.S. § 33-814(D) preclude recovery against a guarantor when an action was timely maintained against the guarantor under § 33-814(A)?


2 CA-CV 2012-0063 - 2 CA-CV 2012-0157 (consolidated) COHEN v. LOVITT & TOUCHE, INC. Opinion Filed: 09/06/2013
1. Did the trial court err in determining Arizona public policy categorically bars insurance coverage of restitutionary payments?

2. Did the trial court err in determining payments made in the settlement of a class action were restitutionary in nature?


2 CA-CV 2012-0173 MARISOL METZLER v. BCI COCA-COLA BOTTLING CO. OF LOS ANGELES Opinion Filed: 08/28/2013
When applying A.R.S. § 44-1201, did the trial court err in determining that prejudgment interest imposed as a sanction under Rule 68(g), Ariz. R. Civ. P., was interest on an obligation calculated at ten percent per annum pursuant to subsection (A) and not interest on a judgment calculated at one percent plus the prime rate pursuant to subsection (B)?


2 CA-CV 2012-0152 WYCKOFF v. MOGOLLON HEALTH ALLIANCE Opinion Filed: 08/22/2013
1. Does this court have jurisdiction to consider the trial court’s vacation of a default judgment? 2. Did plaintiff’s failure to timely serve her complaint cause her action to abate? 3. Did the trial court err in finding the default judgment was void, rather than voidable? 4. Under the discovery rule, when does a cause of action for a mold related illness accrue?


2 CA-CV 2011-0085 STAGECOACH TRAILS MHC, L.L.C. v. CITY OF BENSON Opinion Filed: 07/19/2013
2 CA-CV 2011-0085 (2) Memorandum Decision Filed: 07/19/2013
1. When a unit is replaced in a mobile-home park, for purposes of zoning enforcement, is the park as a whole entitled to nonconforming-use status or are its individual, constituent spaces separate nonconforming uses for purposes of A.R.S. § 9-462.02(A), which permits continuation of existing uses?

2. Did the presiding judge of the superior court abuse his discretion in overruling the City of Benson’s notice seeking a change of judge?


2 CA-CV 2012-0161 IN RE BOND FORFEITURE IN COCHISE COUNTY CAUSE NO. CR201100916 Opinion Filed: 06/28/2013
Did the trial court violate article II, § 22 of the Arizona Constitution by setting bail for a criminal defendant without first determining whether he was on release for another felony offense? Did the state have a duty to notify the court of the defendant’s release status before bond was set? Did the court err in ordering the bond forfeited because it was void ab initio?


2 CA-CV 2012-0111 PIMA COUNTY HUMAN RIGHTS COMMITTEE v. ARIZONA DEPARTMENT OF HEALTH SERVICES Opinion Filed: 05/30/2013
Did the superior court err in affirming in part and remanding the Arizona Department of Health Services’ denial of the Pima County Human Rights Committee's (PCHRC) request, pursuant to A.R.S. § 41-3804(l), for information regarding deaths of persons enrolled in the mental health system? Did the court err by dismissing PCHRC’s petition for special action because there was an adequate remedy by appeal?


2 CA-CV 2012-0085 - 2 CA-CV 2012-0086 (consolidated) DELO v. GMAC MORTGAGE, LLC, U.S. BANK, N.A. Opinion Filed: 05/08/2013
In this quiet title action, did the trial court err in granting summary judgment in favor of appellee who had obtained a treasurer’s deed to the property following a tax-lien foreclosure lawsuit, where: (1) appellee had neither given notice to or joined appellants as parties in the foreclosure lawsuit; (2) appellant Mortgage Electronic Registration Systems, Inc. (MERS) had been designated nominee for the lender and lender’s successors and assigns, beneficiary, and legal title holder, under a deed of trust recorded before the foreclosure lawsuit; (3) appellant GMAC’s interest in the property as assignee of the original lender’s interest had not been recorded but was registered on MERS’s electronic records; and, (4) appellee had filed a lis pendens indicating the foreclosure action had been filed?


2 CA-CV 2012-0105 STATE OF ARIZONA v. SUN SURETY INSURANCE COMPANY Opinion Filed: 04/17/2013
Did the trial court err in exonerating a surety’s appearance bond, notwithstanding the defendant’s failure to appear for a pretrial hearing, on the ground the court had failed to notify the surety, as required by Rule 7.6(c)(1), Ariz. R. Crim. P., that the court had issued a warrant for the defendant's arrest?


2 CA-CV 2012-0114 IN RE THE MARRIAGE OF KASSA Opinion Filed: 04/12/2013
Is a special order after judgment sufficient to vest the Court of Appeals with jurisdiction when it does not resolve all issues raised in the post-decree petition or contain certification of finality pursuant to Rule 78(B), Ariz. R. Fam. Law P.?


2 CA-CV 2012-0125 MACKINNEY v. CITY OF TUCSON Opinion Filed: 03/13/2013
In a negligence action for injuries on a city-owned golf course, did the trial court err in determining that a golf course is not a protected “premises” under Arizona’s recreational-use immunity statute, A.R.S. § 33-1551, and was the plaintiff a recreational user of that golf course as defined by the statute?


2 CA-CV 2012-0090 CHAMPLIN; STOPINSKI, SKIPTON AND ASSOC. v. BANK OF AMERICA Opinion Filed: 01/31/2013
Did the trial court err by refusing to set aside the entry of default, pursuant to Rule 55(c), Ariz. R. Civ. P., even if a copy of the application for the entry of default had not been mailed in a timely fashion?


2 CA-CV 2012-0077 TUMACACORI MISSION LAND DEVELOPMENT, LTD. v. UNION PACIFIC RAILROAD COMPANY Opinion Filed: 01/29/2013
Did the trial court err by denying appellant’s motion to amend its complaint to add alternative easement theories where the motion was filed after summary judgment against appellants on different legal theories had been entered and affirmed on appeal, but before the mandate had issued?


2 CA-CV 2011-0153 BELEN LOAN INVESTORS, LLC v. MYERS, BAUMGARDNER, LOS LUNA HIGHLANDS Opinion Filed: 12/21/2012
In a professional negligent misrepresentation action, did the trial court err in finding as a matter of law that a property developer’s appraiser owed no duty to third-party lenders who allegedly relied upon the appraisal to make loans for the property’s purchase and development, and in therefore dismissing the lenders’ claims against the appraiser?


2 CA-CV 2012-0076 JOHNSON v. GRAVINO Opinion Filed: 12/19/2012
(1) After the filing of a clearly premature notice of appeal, did the trial court have jurisdiction to determine the notice was void and to continue its proceedings?

(2) Did the trial court err when it interpreted an existing divorce decree to create an equitable distribution of property between the parties based on their current situation, rather than on when the decree was entered?


2 CA-CV 2012-0073 FLORES v. MARTINEZ Opinion Filed: 11/20/2012
Whether the court of appeals has jurisdiction over an appeal from the trial court’s order which was entered while this court’s mandate in a prior appeal had not yet issued.


2 CA-CV 2012-0060 MAHAR v. ACUNA, II Opinion Filed: 10/18/2012
In this protective order proceeding, did the trial court abuse its discretion by prohibiting the defendant from possessing firearms in the absence of any showing that he posed a threat to the physical safety of the plaintiff or any other person?


2 CA-CV 2012-0037 GORMAN v. PIMA COUNTY Opinion Filed: 10/04/2012
Whether the trial court erred by granting summary judgment to Pima County on plaintiffs’ breach of contract and estoppel claims based on its finding that: 1) the parties did not have an enforceable contract for the funding and construction of a county project; and, 2) the county was not estopped from denying any obligation to return the funds the plaintiffs had paid for the design and construction of the project.


2 CA-CV 2011-0197 STATE OF ARIZONA v. COOPERMAN Opinion Filed: 08/14/2012
In a prosecution for both driving under the influence of an intoxicating liquor pursuant to A.R.S. § 28-1381(A)(1) and for driving with an alcohol concentration of .08 or more pursuant to § 28-1381(A)(2): (1) Whether a presumption of intoxication under § 28-1381(G) is raised in an (A)(1) case whenever the state introduces evidence of breath-test results or only when the state requests a jury instruction regarding the presumption; (2) Whether Guthrie v. Jones, 202 Ariz. 273, 43 P.3d 601 (App. 2002), or Rule 402, Ariz. R. Evid., requires a defendant to introduce evidence of his own partition ratio in an (A)(1) case to challenge the results of a breath test, or whether it is sufficient to show the variability of partition ratios in the population generally; (3) Whether evidence of certain physiological variables to challenge breath-test results—breathing patterns, hematocrit, and breath or body temperature—are relevant and admissible in both (A)(1) and (A)(2) cases.


2 CA-CV 2011-0166 CATALINA FOOTHILLS UNIF. SCH. DISTR. NO. 16 v. LA PALOMA Opinion Filed: 05/30/2012
Did the trial court err in certifying a “partial judgment” for appeal pursuant to Rule 54(b), Ariz. R. Civ. P., when the partial judgment does not dispose of any claim or party? If so, does this court nevertheless have jurisdiction over the appeal from that partial judgment, which incorporates an order of immediate possession, as an interlocutory judgment under A.R.S. § 12-2101(A)(6)?


2 CA-CV 2011-0143 In re U.S. CURRENCY IN THE AMOUNT OF $2,390 Opinion Filed: 05/23/2012
In an uncontested forfeiture action, must the state provide notice of pending forfeiture to a potential claimant who has no readily ascertainable interest in the property to be forfeited?


2 CA-CV 2011-0145 CITY OF SIERRA VISTA v. SIERRA VISTA WARDS SYSTEM VOTING PROJECT Opinion Filed: 05/14/2012
In this action to enforce the campaign finance reporting requirements of title 16, did the trial court err by granting summary judgment in favor of the City of Sierra Vista, and against the Sierra Vista Wards System Voting Project, based on the Project’s failure to exhaust administrative remedies? Do the applicable statutes authorize two separate civil penalties? Is the civil penalty authorized in § 16-918 capped at $1,000 by § 16-924?


2 CA-CV 2011-0133 METZLER v. BCI COCA-COLA BOTTLING COMPANY OF LOS ANGELES Opinion Filed: 05/11/2012
Did the trial court err in awarding prejudgment interest pursuant to Rule 68(g), Ariz. R. Civ. P., from the date of the offer of judgment to the date of a judgment vacated by the grant of a new trial, rather than to the date of the subsequent judgment on mandate?


2 CA-CV 2011-0140 GRUBB v. DO IT BEST CORPORATION Opinion Filed: 05/04/2012
Does a cooperative qualify as a seller for purposes of product liability when a member store ordered the product directly from the vendor in a drop-ship order, but the vendor sent the bill to the cooperative?


2 CA-CV 2011-0107 VAN HEESWYK v. JABIRU AIRCRAFT PTY., LTD. Opinion Filed: 04/24/2012
In a wrongful death action brought by the surviving family members of a deceased Arizona pilot, did the trial court err by ruling Arizona did not have personal jurisdiction over an Australian aircraft manufacturer, Jabiru Pty., Ltd., when it does not have offices or employees in Arizona but sells its products in the state through its exclusive North American distributors?


2 CA-CV 2011-0117 DESSAROLLO IMMOBILIARIO Y NEGOCIOS INDUSTRIALES DE ALTA TECNOLOGIA DE HERMOSILLO v. KADER HOLDINGS COMPANY LIMITED Opinion Filed: 04/16/2012
1. Whether the trial court erred in exercising personal jurisdiction over appellant based on a forum selection clause in a lease agreement signed by appellant as guarantor when the separate guarantee did not also provide that Arizona was a proper forum for litigation. 2. Whether the trial court erred in granting summary judgment against appellant for the tenant’s breach of the underlying lease agreement when the lease had been modified to extend the lease term and to change the payment arrangements under the lease.


2 CA-CV 2011-0020 In re the ESTATE OF FRANCES B. LEWIS Opinion Filed: 03/29/2012
Did the trial court abuse its discretion under Rules 16(a) and (f), Ariz. R. Civ. P., in sanctioning an out-of-state appellant—specifically, in dismissing his complaint, entering a default judgment against him, and setting aside his objection to the informal probate of a will—on the grounds that (1) the appellant failed to personally attend a pretrial conference and (2) the appellant failed to file a timely reply to appellees’ counterclaims?


2 CA-CV 2011-0083 AMANTI ELECTRIC, INC. v. ENGINEERED STRUCTURES, INC., WESTERN SURETY COMPANY Opinion Filed: 03/28/2012
Did the trial court abuse its discretion in denying plaintiff’s motion for relief from judgment pursuant to the catch-all provision of Rule 60(c), Ariz. R. Civ. P., when plaintiff’s arguments were based on allegations of fraud and mistake but the motion was untimely under portions of the rule specifically applicable to those arguments?


2 CA-CV 2011-0129 BAC HOME LOANS SERVICING, L.P. v. SEMPER INVESTMENTS, L.L.C. Opinion Filed: 03/22/2012
(1) Whether the trial court erred in granting summary judgment after applying the doctrine of equitable subrogation in favor of a subsequent lender who satisfied primary liens against a property, when an intervening junior lienholder claimed its interest in the property was prejudiced by differences between the terms of the subrogated loan and the original loans. (2) Whether the intervening junior lienholder was prejudiced by lack of notice of the subrogating loan transaction and resulting lien under the doctrine of equitable subrogation.


2 CA-CV 2011-0072 IN RE THE ESTATE OF FRED N. KIRKES Opinion Filed: 03/08/2012
Did the trial court err by invalidating a beneficiary designation of more than fifty percent of an individual retirement account, reasoning that appellee was entitled to fifty percent as her share of community property?


2 CA-CV 2011-0108 KAZ CONSTRUCTION, INC v. SIERRA COBRE ESTATES, LLC Opinion Filed: 03/02/2012
Did the trial court err in determining a trust beneficiary was without authority to execute a deed of trust conveying the trust res to appellants and, therefore, it was invalid? Did the court err in determining further that appellee had a valid first-position mechanic’s lien on the property?


2 CA-CV 2011-0012 SANTEE v. MESA AIRLINES, INC.; AMERICA WEST AIRLINES, INC. Opinion Filed: 02/28/2012
Is a notice of appeal premature and invalid when it is filed before a trial court rules on a motion for sanctions made pursuant to Rule 68(g), Ariz. R. Civ. P.?


2 CA-CV 2011-0080 BAKER v. UNIVERSITY PHYSICIANS HEALTHCARE, WITTMAN, ARIZONA BOARD OF REGENTS Opinion Filed: 02/22/2012
Did the trial court err in finding A.R.S. § 12-2604 did not permit a specialist in internal medicine with subspecialties in oncology and hematology to testify as to the standard of care for a specialist in pediatrics with a subspecialty in pediatric hematology/oncology? If not, does § 12-2604 violate the Anti-Abrogation, Equal Protection, or Due Process clauses of the Arizona Constitution?


2 CA-CV 2011-0027 RICHARD ANDERSON v. VALLEY UNION HIGH SCHOOL DISTRICT #22 Opinion Filed: 02/16/2012
May a teacher appeal a disciplinary decision of a school district’s governing board beyond the superior court?


2 CA-CV 2011-0070 DEMOCRATIC PARTY OF PIMA COUNTY v. BETH FORD; PIMA COUNTY BOARD OF SUPERVISORS Opinion Filed: 01/27/2012
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.


2 CA-CV 2011-0076 DAYKA & HACKETT, LLC v. DEL MONTE FRESH PRODUCE, N.A., INC., Opinion Filed: 01/25/2012
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?


2 CA-CV 2011-0053 GOODMAN v. PHYSICAL RESOURCE ENGINEERING, INC. Opinion Filed: 12/28/2011
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?


2 CA-CV 2011-0074 FREEPORT MCMORAN CORPORATION v. LANGLEY EDEN FARMS, LLC Opinion Filed: 12/16/2011
Were the parties required to utilize administrative remedies before bringing an action in superior court?


2 CA-CV 2010-0149 IN THE ESTATE OF MARY A. RILEY, aka MARY AGNES RILEY, aka MARY AGNES REILLY Opinion Filed: 12/09/2011
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?


2 CA-CV 2010-0197 NICKERSON, et al v. GREEN VALLEY RECREATION, INC. Opinion Filed: 11/30/2011
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?


2 CA-CV 2011-0088 DOWNING v. DOWNING Opinion Filed: 11/25/2011
Did the trial court err in determining A.R.S. § 25-530 precluded it from including appellee’s disability benefits, awarded pursuant to U.S.C. title 38, chapter 11, in its calculation of appellant’s spousal maintenance award? Does A.R.S. § 25-530 violate the Equal Protection clause?


2 CA-CV 2011-0078 MOTZER dba RLM DESIGNS v. ESCALANTE Opinion Filed: 11/22/2011
Are expenses for juror notebooks “incurred pursuant to an order,” under A.R.S. § 12-332(A)(6), so as to qualify as taxable costs, when the trial court stated that it “encourages” juror notebooks?


2 CA-CV 2011-0071 PRIESSMAN v. PRIESSMAN Opinion Filed: 11/18/2011
Whether A.R.S. § 25-530, which prohibits courts from considering federal disability benefits awarded pursuant to title 38, chapter 11 of the United States Code when determining the amount of any spousal maintenance award, is applicable to appellant’s Combat-Related Special Compensation authorized in title 10.


2 CA-CV 2010-0188 DELMASTRO & EELLS v. TACO BELL CORP. Opinion Filed: 10/21/2011
1. Did the trial court err in finding appellant’s mechanic’s lien invalid and dismissing its foreclosure count on summary judgment? 2. Assuming appellant’s mechanic’s lien was invalid, did appellant’s knowledge or “reason to know” of the invalidity present a factual question that precluded entry of summary judgment on appellee’s counterclaim under A.R.S. § 33-420(A)?


2 CA-CV 2010-0216 - 2 CA-CV 2010-0217 (consolidated) SHOLES v. FERNANDO Opinion Filed: 10/20/2011
Did the trial court err in determining appellees owned an interest in a limited liability company pursuant to A.R.S. § 29-701 based on their unwritten promise to provide services to the company?


2 CA-CV 2011-0001 JACKSON v. NATIONWIDE MUTUAL INSURANCE CO. Opinion Filed: 09/30/2011
Whether A.R.S. § 20-259.01 required an insurer to offer uninsured motorist coverage to a garage owner in connection with a comprehensive general liability policy that included a garage liability endorsement.


2 CA-CV 2011-0025 TDB TUCSON GROUP, L.L.C. v. CITY OF TUCSON Opinion Filed: 09/27/2011
Whether the trial court erred in granting summary judgment to the City of Tucson on TDB’s claim that the City was obligated to provide water service to TDB’s Painted Hills subdivision, located outside the City’s corporate boundaries, on the basis of the court’s finding, under A.R.S. § 45-402(31)(a) and case law, that the property was not located within the City’s service area.


2 CA-CV 2011-0010 TUMACACORI MISSION LAND DEVELOPMENT, LTD. v. UNION PACIFIC RAILROAD CO. Opinion Filed: 08/31/2011
Does article XV, § 10 of the Arizona Constitution, which declares railways to be public highways, prevent a private party from obtaining a prescriptive easement across a railway?


2 CA-CV 2011-0030 IB PROPERTY HOLDINGS, LLC v. RANCHO DEL MAR APARTMENTS LIMITED PARTNERSHIP Opinion Filed: 08/23/2011
In an action over a disputed easement, did the trial court err in finding appellee would suffer irreparable harm and had a strong likelihood of success on the merits and in issuing a preliminary injunction against appellants using the standard established in Shoen v. Shoen, 167 Ariz. 58, 63, 804 P.2d 787, 792 (App. 1990), and in refusing to dissolve the injunction?


2 CA-CV 2010-0120 - 2 CA-CV 2010-0172 (consolidated) GIBBS v. GIBBS Opinion Filed: 06/09/2011
1. Did the trial court err in determining that claim preclusion barred a mother’s petition to reinstate child-support for her adult disabled daughter under A.R.S. § 25-320(E) and in finding that the adult disabled daughter was not a party to the proceeding?

2. Did the trial court abuse its discretion in ordering the father to pay half of the mother’s attorney fees and in holding him solely responsible for guardian ad litem fees incurred by daughter?


2 CA-CV 2010-0109 CONTINENTAL LIGHTING & CONTRACTING, INC. v. PREMIER GRADING & UTILITIES, LLC, et al Opinion Filed: 05/31/2011
Whether the trial court erred in finding the doctrines of equitable subrogation and replacement did not apply to appellant’s deeds of trust recorded after the refinancing of an original loan secured by appellant’s first position deed of trust and, accordingly, in finding the appellees’ intervening mechanics’ liens had priority over appellant’s deed of trust recorded as part of the loan refinancing.


2 CA-CV 2010-0112 CHAVEZ v. ARIZONA SCHOOL RISK RETENTION TRUST, INC. Opinion Filed: 05/18/2011
Are students waiting in line to board a school bus using the vehicle with permission, as defined in A.R.S. § 28-4009(A)(2), thereby requiring a policy’s underinsured motorist insurance provision to cover them pursuant to A.R.S. § 20-259.01(B)?


2 CA-CV 2010-0177 VILLA DE JARDINES ASSOCIATION v. FLAGSTAR BANK, FEDERAL NATIONAL MORTGAGE ASSOC. Opinion Filed: 04/22/2011
Whether homeowners association assessment liens are superior to a recorded first deed of trust under A.R.S. § 33-1807.


2 CA-CV 2010-0083 CITY OF TUCSON v. STATE OF ARIZONA; SOUTHERN ARIZONA LEADERSHIP COUNCIL; SENATOR JONATHAN PATON Opinion Filed: 04/20/2011
Did the trial court correctly find that the 2009 amendments to A.R.S. § 9-821.01, regulating municipal elections, involved statewide concerns, or, rather, does the City of Tucson’s charter supersede the statute because the concerns involved are purely local?


2 CA-CV 2009-0175 SMITH v. BEESLEY; BOOTH Opinion Filed: 01/12/2011
Did the trial court err in concluding the appellee had a right to enter and alter land within a subdivision’s drainage easement when the subdivision’s plat specified the land was to be used for “drainage purposes?”

Did the court err in denying appellant relief under A.R.S. § 48-3613, which provides a private right of action for the unauthorized alteration of a watercourse, when the appellee’s driveway and culvert were built without written authorization from the flood control district board, diverted a watercourse, and risked causing damage to the appellant’s property?

Did the court err in awarding attorney fees to the appellee and denying appellant’s fee request?


2 CA-CV 2010-0028 BLAIR; SOUTHERN VENTURES, INC. v. BURGENER; TIGERLILLY Opinion Filed: 12/29/2010
(1) Whether the court erred in concluding the plaintiff had demonstrated that personal service was impracticable under Rule 4.1(m), Ariz. R. Civ. P., such that alternate service was appropriate, (2) whether the means of alternate service authorized by the court violated the defendants’ due process rights, and (3) whether the plaintiff sufficiently complied with the court’s order of alternate service.


2 CA-CV 2010-0073 MIIDAS GREENHOUSES, INVERNADEROS SANTA FE v. GLOBAL HORTICULTURAL Opinion Filed: 12/22/2010
Whether the economic loss rule bars recovery in tort when peat moss damaged grower’s seeds and resulted in crop failure.


2 CA-CV 2010-0071 CORTEZ; THE ESTATE OF FRANCES CORTEZ v. AVALON CARE CENTER, et al Opinion Filed: 12/22/2010
Did the appellee waive the right to compel arbitration by answering the appellant’s complaint and proceeding with litigation for nearly a year?


2 CA-CV 2010-0087 THOMPSON v. PIMA COUNTY Opinion Filed: 11/16/2010
(1) Whether a cause of action against a public entity or employee can accrue only when a claimant has “facts sufficient” to file a valid notice of claim under A.R.S. § 12-821.01?

(2) Did the trial court err in granting summary judgment based on the claimants’ failure to file a notice of claim within 180 days after they knew or reasonably should have known claimant had been injured after driving over a road defect on a county-maintained road?


2 CA-CV 2010-0098 ANDERSON v. ARIZONA GAME AND FISH DEPARTMENT Opinion Filed: 11/08/2010
Did the Game and Fish Commission lack statutory authority under A.R.S. § 17-340 to deny appellant the right to secure hunting and fishing licenses for a period of ten years that was consecutive to a previously imposed, five-year suspension of that right for an earlier violation of game and fish laws, and to revoke his previously revoked licenses for the same period?


2 CA-CV 2010-0079 LITTLE v. STATE OF ARIZONA Opinion Filed: 09/30/2010
In this medical malpractice action for wrongful death, did the trial court err in granting the state’s motion for summary judgment after concluding appellant had not filed a timely notice of claim pursuant to A.R.S. § 12-820.01? Should the court instead have found the equitable doctrines of estoppel or tolling applicable against the state?


2 CA-CV 2009-0186 DOS PICOS LAND LIMITED PARTNERSHIP; SHEPARD v. PIMA COUNTY Opinion Filed: 09/29/2010
1. Whether a trial court may award attorney fees pursuant to A.R.S. § 11-972(B) after finding that a governmental entity, through its administrative decisions and regulations, had effected a taking of private property.

2. Whether the statutory interest rate applicable to a civil judgment or that applicable to a condemnation proceeding applies to an award in an inverse condemnation proceeding.


2 CA-CV 2010-0005 In re BOND IN THE AMOUNT OF $75,000 Opinion Filed: 09/10/2010
When a criminal defendant violates the conditions of a release bond and fails to appear at trial: (1) Does the trial court retain jurisdiction to initiate bond forfeiture proceedings against the surety after the defendant is acquitted of the criminal charges? (2) Is the trial court required to exonerate the bond? (3) Does the trial court’s failure to issue an arrest warrant require reversal of the court’s order forfeiting the bond?


2 CA-CV 2009-0163 CARDINAL & STACHEL, P.C. v. CURTISS; ESTATE OF LEELA CURTISS Opinion Filed: 09/03/2010
Whether the attorney fees incurred by one spouse in the course of a dissolution proceeding that does not end in divorce may be characterized as community debt.


2 CA-CV 2010-0044 HAMILL v. MID-CENTURY INSURANCE COMPANY Opinion Filed: 09/03/2010
Did the trial court err by granting summary judgment, concluding that a driver is not underinsured when the company providing her automobile liability insurance agrees, prior to judgment, to pay the total judgment or later settlement even if it exceeds the policy limit?


2 CA-CV 2009-0185 ROBINSON v. KAY Opinion Filed: 07/30/2010
Does the Court of Appeals have jurisdiction over an appeal from an order certified by the trial court as a final judgment pursuant to Rule 54(b), Ariz. R. Civ. P., when the order disposes of only one of two legal theories supporting a single claim for relief?


2 CA-CV 2009-0171 IN RE SEARCH WARRANT NO. 08 SW 1417 Opinion Filed: 05/28/2010
A.R.S. § 13-3922 requires a magistrate to “proceed to take testimony” on a motion controverting the grounds of a search warrant, “unless a [forfeiture] proceeding . . . is or has been initiated relating to the same property interest.” Does A.R.S. § 13-3922 divest the court of jurisdiction to decide the motion, or simply preclude the taking of testimony in addressing it?


2 CA-CV 2009-0059 BRAILLARD v. MARICOPA COUNTY, MARICOPA COUNTY SHERIFF'S OFFICE Opinion Filed: 05/27/2010
1. In a wrongful death and survival action brought by the adult child and estate of a pretrial detainee who died from complications of diabetes which was untreated while she was in custody, did the trial court err in denying defendants’ motion to dismiss the Maricopa County Sheriff’s Office as a non-jural entity? 2. Can the violation of an adult child’s right to associate with a parent support a wrongful death claim pursuant to 42 U.S.C. § 1983, absent any official action directed at the parent-child relationship? 3. Did the trial court err in granting defendants’ motions for summary judgment dismissing plaintiff’s § 1983 claims? 4. Do A.R.S. §§ 12-820.04 and 14-3110 preclude awards of punitive damages and damages for pre-death pain and suffering in a § 1983 action? 5. Did the trial court err in denying defendants’ motions for summary judgment dismissing plaintiff’s negligence claims? 6. Did the trial court abuse its discretion in resolving discovery disputes?


2 CA-CV 2009-0153 SALICA v. TUCSON HEART HOSPITAL - CARONDELET, L.L.C. Opinion Filed: 05/27/2010
In this wrongful death action, did the trial court correctly determine that sufficient evidence of causation existed to support the jury’s verdict against the defendant hospital?


2 CA-CV 2009-0116 BRYSTAL McCLOUD v. THOMAS MAX KIMBRO Opinion Filed: 03/23/2010
Whether an employee on out-of-town travel status is within the course and scope of his employment and subjects his employer to vicarious liability while traveling to and from a restaurant for a regular meal.


2 CA-CV 2009-0124 STATE OF ARIZONA, DEPT. OF ECONOMIC SECURITY v. MUNOZ, JR. Opinion Filed: 02/18/2010
Whether a child-support enforcement action is barred by former A.R.S. § 25-503(H), when neither the state nor the parent obtained a written judgment within three years of emancipation as required by that statute, but when the three-year limitation period had not yet elapsed when the statute was amended in 2006.


2 CA-CV 2009-0046 BENNETT; JAMES L. BENNETT MONEY PURCHASE PENSION PLAN; MEYERSTEIN v. BAXTER GROUP Opinion Filed: 02/10/2010
1) Did the trial court err in denying a slander of title claim brought under A.R.S. § 33-420 when the validity of the recorded document was not at issue?

2) Did the trial court err when it awarded attorney fees under A.R.S. § 12-341.01(A) for tort claims that were based on the same set of facts as the underlying breach of contract claims?


2 CA-CV 2009-0022 RICHARD E. LAMBERT, LTD. v. CITY OF TUCSON DEPT. OF PROCUREMENT Opinion Filed: 12/04/2009
Did the trial court err in overturning, as arbitrary and capricious, the City Director of Procurement’s decision that the City was entitled to assess liquidated damages against a contractor for late performance, and, as a result, in granting partial summary judgment in favor of the contractor?


2 CA-CV 2009-0018 ZEAGLER v. BUCKLEY Opinion Filed: 10/27/2009
In an action for breach of contract, may the trial court award attorney fees to the prevailing party under A.R.S. § 12-341.01 for legal work performed in connection with a bankruptcy proceeding that was directly related to the contract action?


2 CA-CV 2009-0043 HAMMOUDEH, dba CALIFORNIA AUTO MARKET v. JADA Opinion Filed: 10/09/2009
Whether a party is entitled to an evidentiary hearing before a trial court may strike its pleadings for failure to comply with discovery requests when the party previously has been sanctioned monetarily and personal fault is apparent from the record.


2 CA-CV 2009-0014 GRAND v. NACCHIO; McMASTER; QWEST COMMUNICATIONS Opinion Filed: 09/29/2009
Did the trial court err in dismissing appellants’ Third Amended Complaint for failure to state a claim of either primary or secondary liability under the Arizona Securities Act?


2 CA-CV 2008-0198 ARIZONA DEPARTMENT OF ADMINSTRATION v. COX Opinion Filed: 08/17/2009
Whether and to what extent the Arizona Department of Administration may recover, under A.R.S. § 12-962, the cost of medical care provided to participants in the state health insurance plan for injuries sustained as a result of third-party tort liability when the participants received compensation from that third party.


2 CA-CV 2008-0148 TRIPATI v. TUCKER Opinion Filed: 07/29/2009
1. When a party challenges a previously granted deferral of a filing fee under A.R.S. § 12 302, does the deferral applicant retain the burden of proving he or she is indigent? 2. Does a trial court err in considering evidence that the deferral applicant controls or has access to the resources of third parties?


2 CA-CV 2008-0146 COUNTY OF COCHISE v. SEBASTIAO FARIA and MARIA FARI dba FARIA DAIRY Opinion Filed: 06/16/2009
Whether commercial feedlots and “other like businesses” under A.R.S. § 11-821.01(A) are exempt from regulation as uses for agricultural purposes under A.R.S. 11-830(A)(2).


2 CA-CV 2008-0161 CARDI AMERICAN CORP.; ALL AMERICAN HOUSE & APARTMENT MOVERS Opinion Filed: 05/26/2009
When a landlord has the option to terminate a lease when property is “taken by eminent domain,” does the exercise of this option extinguish a tenant's right to receive compensation?


2 CA-CV 2008-0118 MODULAR MINING SYSTEMS, INC. v. JIGSAW TECHNOLOGIES, INC.; OLSON; BLACUTT Opinion Filed: 04/30/2009
(1) Did the trial court err in determining that appellant’s claim for injunctive relief was moot, where appellant did not contest appellee’s assertion that it had discontinued all use of the computer configuration appellant alleged to be trade secrets? (2) Did the trial court err in granting appellee’s motion for summary judgment on appellant’s claim of trade secret misappropriation? (3) Did the trial court err in awarding appellee its attorney fees under A.R.S. §§ 12-341.01 and 44-404?


2 CA-CV 2008-0189 FIDELITY NATIONAL TITLE v. TOWN OF MARANA; BRONSON; NESSINGER Opinion Filed: 04/02/2009
When challenging a rezoning ordinance by referendum, what is the event that triggers the running of the thirty-day time limit within which to file a referendum petition?


2 CA-CV 2008-0095 VALLEY FORGE INSURANCE CO. v. SAM'S PLUMBING; THOMAS, THOMAS Opinion Filed: 03/19/2009
Are tort claims available against a company that contracted to perform gas-line work in a building, negligently performed that work, and caused an explosion that damaged the building itself but resulted in no personal injury or damage to personal property?


2 CA-CV 2008-0101 ANTANELLE DUWYENIE v. WILLIAM C. MORAN Opinion Filed: 02/11/2009
1) Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), does an Arizona court have jurisdiction to make a custody determination of a child whose home state is Arizona, when an out of state tribal court previously has asserted jurisdiction on grounds not recognized by the UCCJEA and has declined to relinquish such jurisdiction?


2 CA-CV 2007-0165 McMURRAY v. DREAM CATCHER USA, INC. Opinion Filed: 01/30/2009
Whether a defendant is a “successful party” and therefore entitled to an award of mandatory attorney fees when a lawsuit brought pursuant to the Purchaser Dwelling Actions Act, A.R.S. §§ 12-1361 through 12-1366, is dismissed without prejudice.


2 CA-CV 2008-0028 LISA FRANK v. JAMES A. GREEN Opinion Filed: 01/20/2009
1. Does this court have jurisdiction to consider an appeal from a sanctions order entered pursuant to A.R.S. § 12-864? 2. Did the trial court err in sanctioning the appellant’s violations of court orders by dismissing the appellant’s cross-claim against appellee, striking his reply to the appellee’s counterclaim, and entering default judgment in favor of the appellee? 3. Did the trial court err by entering default judgment on appellee’s claims brought pursuant to A.R.S. § 10-809, 18 U.S.C. § 1030, and Title 17 of the United States Code, respectively?


2 CA-CV 2008-0109 JEANETTE ELLEN WILLIAMS v. CLARENCE KELVIN WILLIAMS Opinion Filed: 12/31/2008
1) When an award of costs, expenses, and attorney fees is requested pursuant to A.R.S. § 25-324(A), may a court consider the subjective intent of a party when determining the “reasonableness” of the positions the party has taken?

2) May a court disregard the financial resources of a party who seeks an award of costs, expenses, and attorney fees under A.R.S. § 25-324(A) and consider only the financial resources of the party who would be paying the fee award?


2 CA-CV 2008-0062 JOSEPH M. ARPAIO v. CITIZEN PUBLISHING CO.; MARK KIMBLE Opinion Filed: 12/18/2008
In a declaratory judgment action, does A.R.S. § 39-121.02(B) permit a trial court to award attorney fees to a party requesting public records against a non-custodian party objecting to the records request?


2 CA-CV 2008-0075 FIA CARD SERVICES v. DOUGLAS B. LEVY Opinion Filed: 12/12/2008
Whether an arbitration award issued summarily after the defendant failed to timely respond to a notice of arbitration is procured by “undue means,” as contemplated by A.R.S. § 12-1512(A).


2 CA-CV 2007-0153 ALVIN S. RATLIFF v. DANIEL M. HARDISON, SR. Opinion Filed: 11/26/2008
1. Did the trial court err in granting summary judgment in favor of the plaintiff real estate seller when it found, as a matter of law, that the defendant purchaser anticipatorily repudiated the purchase agreement and did not subsequently retract his repudiation?

2. Does A.R.S. § 33-422 require a seller of real estate to provide an affidavit of disclosure once the buyer has anticipatorily repudiated the purchase agreement?


2 CA-CV 2007-0148 VASQUEZ v. STATE OF AZ.; ST. OF AZ. DEPT. OF PUBLIC SAFETY Opinion Filed: 09/29/2008
1. Did the trial court err in finding insufficient plaintiff’s notice of claim against the state pursuant to A.R.S. § 12-821.01(A) and Deer Valley Unified Sch. Dist. No. 97 v. Houser, 214 Ariz. 293, 152 P.3d 490 (2007)?

2. Did the trial court err in finding neither the state nor the county had any duty to plaintiff, decedent’s mother, to investigate more thoroughly her son’s death or to identify his body before disposing of it?


2 CA-CV 2007-0135 ESTATE OF LUCRECIA PACHECO v. HARTFORD FIRE INSURANCE CO. Opinion Filed: 09/22/2008
1) May a surety on a conservator’s bond be held liable for misappropriations by the conservator occurring prior to the issuance of the bond, based on the conservator’s duty to account for and pay overfunds to the estate after the bond was issued? 2) Upon a finding of liability, may a surety be required to pay prejudgment interest when that sum would result in liability in excess of the bond amount? 3) Did the trial court abuse its discretion by prematurely ruling on the issue of attorney fees and failing to award them to the plaintiff below as the prevailing party in a contract action?


2 CA-CV 2008-0023 SWAIN CHAPMAN v. THE WESTERNER Opinion Filed: 09/22/2008
In an action involving the purchase of one partner’s interest in a limited partnership, where the parties agreed to base the purchase on an appraisal of the partnership’s primary asset, did the trial court err when it concluded, as a matter of law, that the appraiser’s first opinion of value is entitled to the same finality given final arbitration awards?


2 CA-CV 2007-0170 LORENZO SANCHEZ, SR. and BERTHA SANCHEZ v. TUCSON ORTHOPAEDIC INSTITUTE; LEVI Opinion Filed: 08/25/2008
Was summary judgment properly granted in favor of the defendants in a res ipsa loquitur case when the plaintiff failed to establish that the defendant surgeon had exclusive control over the injury-causing instrumentality?


2 CA-CV 2007-0160 JEFFERY HARRIS v. CITY OF BISBEE Opinion Filed: 08/04/2008
When the Bisbee city clerk refused to process referendum petitions and invalidated entire pages of signatures because it appeared the circulator had altered some petition signers’ printed names and addresses outside their presence and without their permission, did the trial court err in finding the petitions legally sufficient pursuant to A.R.S. § 19-122(A) and ordering the city clerk to process them?


2 CA-CV 2007-0169 RAUL BELTRAN, SR. and ANN BELTRAN v. HARRAH'S ARIZONA CORP., Opinion Filed: 07/31/2008
1. In a personal injury action against the Ak-Chin Indian Community and its nontribal casino management company, did the superior court err in recognizing for purposes of collateral estoppel a tribal court judgment dismissing plaintiffs’ similar complaint in tribal court despite the judgment’s not having been certified by the superior court clerk under the Arizona Rules of Procedure for Recognition of Tribal Court Civil Judgments? 2. Did the superior court abuse its discretion by recognizing the tribal court judgment as a matter of comity? 3. Could the superior court properly find that issues relating to an indispensable party, sovereign immunity, and the running of the statute of limitations were defensively precluded?


2 CA-CV 2007-0090 HAROUTUNIAN v. VALUEOPTIONS Opinion Filed: 07/10/2008
1. Did the trial court err in denying ValueOptions’ motion made pursuant to Rule 9(a), Ariz. R. Civ. App. P., to extend the time to file a notice of appeal? 2. Did the trial court err in denying ValueOptions’ motion made pursuant to Rule 6(b), Ariz. R. Civ. P., to enlarge the time within which to file post-judgment motions? 3. Does this court have jurisdiction over the remaining issues raised by ValueOptions’ appeal or over Haroutunian’s cross-appeal?


2 CA-CV 2007-0132 JAMES COLT JONES, ET AL. v. COCHISE COUNTY, ET AL. Opinion Filed: 06/30/2008
Did the trial court err in granting summary judgment in favor of Cochise County on the Joneses’ tort claims on the ground that their notice of claim, filed pursuant to A.R.S. § 12-821.01, was insufficient?


2 CA-CV 2007-0131 LORENZO SANCHEZ, SR. ET AL v. OLD PUEBLO ANESTHESIA, PC, ET AL. Opinion Filed: 05/30/2008
When a plaintiff invokes the doctrine of res ipsa loquitur in a medical malpractice action alleging negligence by either a surgeon or anesthesiologist or both, must the plaintiff comply with A.R.S. §§ 12-2603 and 12-2604 by obtaining a preliminary expert opinion affidavit on the relevant standards of care from both an anesthesiologist and a surgeon, or does the res ipsa doctrine create an exception to the requirements of those statutes?


2 CA-CV 2007-0126 MAYER UNIFIED SCHOOL and GADSEN ELEMENTARY SCHOOL v. WINKLEMAN, AZ STATE LAND DEPT... Opinion Filed: 05/19/2008
Where plaintiffs argued that highway easements granted without compensation over state trust lands prior to the United States Supreme Court’s decision in Lassen v. Arizona ex rel. Ariz. Highway Dep’t, 385 U.S. 463 (1967), failed to comply with § 28 of the Enabling Act and were therefore void, did the trial court abuse its discretion in finding the claims barred by laches?


2 CA-CV 2007-0107 MICHAEL REDHAIR v. KINERK, BEAL, SCHMIDT, DYER & SETHI, P.C. Opinion Filed: 04/30/2008
1. Does the one-year statute of limitations governing actions for breach of an employment contract apply to only those contracts defined by the Arizona Employment Protection Act? 2. Does the one-year statute of limitations of either A.R.S. § 12-541(3) or § 12-541(5) apply to a statutory action for unpaid wages, in which a trial court may award treble damages?


2 CA-CV 2007-0108 PAT SPAULDING v. MICHAEL POULIOT, ET AL Opinion Filed: 04/23/2008
1. When a party claimed to have acquired property rights by prescriptive easement and adverse possession, did the trial court err in utilizing a presumption that such use is with the property owner’s permission?

2. When the property owner did not dispute that the claimant and his predecessor in interest had used the property openly, notoriously, and without interference for nearly forty years, did the evidence in this quiet title action support the trial court’s ruling that the claimant had failed to prove he had acquired rights to the property by prescriptive easement and adverse possession?


2 CA-CV 2007-0117 DENNIS BRODSKY v. STATE OF ARIZONA Opinion Filed: 04/18/2008
Does the administrative impoundment of a vehicle pursuant to A.R.S. § 28-3511 constitute punishment for double jeopardy purposes, thus barring prosecution of the underlying DUI offense?


2 CA-CV 2007-0104 CITY OF TUCSON v. CLEAR CHANNEL OUTDOOR, INC. Opinion Filed: 04/02/2008
1. Whether the statute of limitations period contained in A.R.S. § 9-462.02 includes a due diligence element. 2. Whether billboards built or maintained in violation of repealed sign ordinances at the time of their repeal can be regulated under the current sign ordinances. 3. Whether the addition of a second face to certain billboards caused those billboards to lose their legal nonconforming status. 4. Whether the trial court has the discretion to order removal, remediation, or no relief at all with respect to billboards found in violation of the current code; and whether it abused that discretion.


2 CA-CV 2006-0212 LOWE v. PIMA COUNTY Opinion Filed: 03/13/2008
In granting summary judgment in favor of Pima County, did the trial court err in refusing to equitably estop the county from enforcing its zoning code against an alleged fence violation when a permit had been issued in 1983 for the fence, and did the court misapply Pleak v. Entrada Property Owners’ Ass’n, 207 Ariz. 418, 87 P.3d 831 (2004), in ruling that a prior deed of dedication had been accepted by the general public, thereby defeating the appellants/property owners’ quiet title/adverse possession claim to the disputed property enclosed by the fence?


2 CA-CV 2007-0139 HORNBECK v. LUSK Opinion Filed: 02/26/2008
When a litigant in justice court seeks a peremptory change of judge pursuant to Rule 10.2, Ariz. R. Crim. P., is “the presiding judge” to whom the case must be transferred for reassignment under Rule 10.5, Ariz. R. Crim. P., the justice of the peace of that particular precinct or the presiding justice of the peace for the county in which the precinct is located?


2 CA-CV 2007-0041 CATHERINE E. WARNER v. SOUTHWEST DESERT IMAGES, LLC Opinion Filed: 01/28/2008
In plaintiff’s negligence action, did the trial court err by: 1. Granting a directed verdict in favor of an employee defendant after granting the plaintiff’s motion for summary judgment on the issue of that employee’s negligence and the corresponding vicarious liability of his employer? 2. Dismissing plaintiff’s claims against two parties for failure to file an expert opinion affidavit as required by A.R.S. § 12-2602? 3. Denying plaintiff’s request for a punitive damages jury instruction? 4. Excluding evidence of the plaintiff’s workers’ compensation benefits and her workers’ compensation carrier’s § 23-1023 lien against her recovery? 5. Declining to answer juror questions asked during trial? 6. Granting the appellees’ sanctions pursuant to Rule 68, Ariz. R. Civ. P., when plaintiff was unable to accept appellees’ offer of judgment without her workers’ compensation carrier’s approval?


2 CA-CV 2007-0084 MANU DUBE v. CHANDRA S. DESAI and PATRICIA DESAI Opinion Filed: 01/11/2008
Whether trial court was correct in granting summary judgment to appellee based on its conclusions that appellee acted within scope of employment as a public employee when committing the alleged tortious acts and that therefore appellant’s failure to comply with notice requirements of A.R.S. § 12-821.01 required dismissal of the complaint.


2 CA-CV 2007-0055 STEVEN H. SIMON v. SAFEWAY, INC. Opinion Filed: 12/20/2007
1) Did the trial court abuse its discretion in denying plaintiff’s request to allow additional discovery—functionally a motion under Rule 56(f), Ariz. R. Civ. P.—after finding plaintiff had failed to demonstrate the discovery sought was reasonably likely to yield material evidence?

2) Does a business owner’s nondelegable duty to maintain safe premises encompass the actions of an independent contractor it hires to perform security services on its premises, thus exposing the business owner to vicarious liability?


2 CA-CV 2007-0109 MARIA HENNING v. MONTECINI HOSPITALITY, ET AL. Opinion Filed: 12/20/2007
Does the seller of a bar have a continuing duty of care in dispensing alcohol at that bar when the sale has not closed but the seller has contractually relinquished the right to control, operate, and profit from the bar to the buyer and when the bar is serving alcohol pursuant to the new operator’s liquor license?

Can a seller of a bar be held liable for the negligent training of bar employees when the employees’ allegedly negligent conduct occurs after the seller no longer employs them, when they are employed by the purchaser and new operator of the bar?


2 CA-CV 2007-0006 MCCLOUD v. STATE OF ARIZONA; DEPT. OF PUBLIC SAFETY; and KIMBRO Opinion Filed: 11/09/2007
Plaintiff was injured when a state employee’s vehicle collided with hers, and the trial court granted the state’s motion to dismiss the plaintiff’s complaint, filed after the one-year limitations period applicable to suits against the state had expired. 1. Did the trial court err by declining to apply the doctrine of equitable tolling to the complaint when the plaintiff’s attorney suffered various illnesses and family misfortunes, as did his backup attorney? 2. Did the trial court err by dismissing the plaintiff’s complaint against the state employee in his individual, private capacity, to which the two-year limitations period applied?


2 CA-CV 2007-0036 JEFFREY ODOM v. FARMERS INSURANCE COMPANY OF ARIZONA Opinion Filed: 10/29/2007
When Farmers’ insured loaned his rental car to a third party, who then caused a one-car accident in which a passenger was injured, was the third party/driver covered for the accident under the insured’s personal automobile insurance policy with Farmers?


2 CA-CV 2007-0020 CULLEN v. KOTY-LEAVITT INSURANCE AGENCY, INC. Opinion Filed: 10/18/2007
Where plaintiff’s complaint alleged he had a reasonable expectation of underinsured motorist insurance coverage under a policy issued by defendant to an entity that provided a vehicle to the plaintiff’s family for its private use, and the plaintiff was not injured while occupying that vehicle, but instead while riding in a vehicle not covered by the insurance policy, did the trial court err in granting the defendant’s motion to dismiss made pursuant to Rule 12(b)(6), Ariz. R. Civ. P., 16A A.R.S., Pt. 1, plaintiff’s complaint for breach of contract and bad faith failure to pay a valid insurance claim?


2 CA-CV 2007-0047 MARIA A. KEONJIAN v. TIMOTHY A. OLCOTT, P.C. Opinion Filed: 10/18/2007
Whether the trial court erred in holding appellant’s legal malpractice claim barred by the two-year statute of limitations for tort actions and ruling the longer limitations period for contract actions did not apply.


2 CA-CV 2006-0159 LA CANADA HILLS LIMITED PARTNERSHIP v. FLORENCE KITE Opinion Filed: 09/10/2007
In an action where a partnership seeks to enforce its rights under the partnership agreement after one limited partner’s breach of the agreement, which statute of limitations applies, the one governing partnership accounting actions that allows four years from the time the partners wind up their affairs together for a plaintiff to bring an action, or the statute governing breach of contract actions that gives a plaintiff six years from the time of the breach


2 CA-CV 2006-0177 KAMAN AEROSPACE CORP. v. ARIZONA BOARD OF REGENTS Opinion Filed: 08/23/2007
In a dispute between the Arizona Board of Regents (“ABOR”) and Kaman involving competing breach of contract claims: 1) Did the trial court err in denying ABOR’s motions for summary judgment and judgment as a matter of law on Kaman’s claim because Kaman had failed to prove an authorized signatory had executed contract modifications on ABOR’s behalf? 2) Would reversal of the judgment in favor of Kaman on its breach of contract claim mandate a reversal of the judgment in favor of Kaman on ABOR’s counterclaim? 3) On Kaman’s cross-appeal, did the court err when it declined to award Kaman attorney fees?


2 CA-CV 2006-0207 WHITE v. GREATER ARIZONA BICYCLING ASSOCIATION Opinion Filed: 08/08/2007
Does the holding by Division One of this court in Sedillo v. City of Flagstaff, 153 Ariz. 478, 480, 737 P.2d 1377, 1379 (App. 1987), require reversal of a properly instructed jury’s award of no damages in a wrongful death action when the plaintiff’s evidence of emotional loss is uncontested?


2 CA-CV 2006-0114 RUESGA v. KINDRED NURSING CENTERS WEST, L.L.C. Opinion Filed: 07/18/2007
1) Absent any final judgment or Rule 54(b) certification, does this court have subject matter jurisdiction over an appeal from a trial court’s order granting relief pursuant to Rule 60(c) and compelling arbitration?

2) Absent a request for an evidentiary hearing, did the trial court err in summarily finding from undisputed facts and documents presented that a wife had had implied, actual authority to execute an arbitration agreement on behalf of her incapacitated husband in connection with his stay at a nursing home facility?


2 CA-CV 2006-0206 ROBSON RANCH QUAIL CREEK, LLC v. PIMA COUNTY Opinion Filed: 07/13/2007
1) Whether Pima County’s sewer connection fee ordinance, as amended in 2005, is subject to the reasonable relationship requirement of A.R.S. § 11-821.

2) Whether the 2005 amendment to Pima County’s sewer connection fee ordinance unconstitutionally impaired an existing sewer fee agreement between Pima County and Robson Ranch Quail Creek, LLC.


2 CA-CV 2006-0176 DUBE v. LIKINS; POWELL; HIXON; BOARD OF REGENTS Opinion Filed: 06/28/2007
I. Whether, for the purposes of stating a claim of tortious interference with a business expectancy, (a) University Officials’ alleged failures constituted intentional, improper conduct; (b) whether the general prospect of employment upon obtaining a graduate degree constitutes an expectancy; and (c) whether the claim was timely filed.

II. Whether a cause of action for defamation—based on letters sent to third parties—accrues on the date the letters are published or the date the plaintiff discovered or reasonably should have discovered the existence of the letters.

III. Whether communications between two agents of the same principal constitute “publication” for defamation purposes.


2 CA-CV 2006-0193 HARRIS, WILSON, ANGEL TEAM HOME CARE v. COCHISE HEALTH SYSTEMS Opinion Filed: 06/19/2007
1. Is a party who has voluntarily dismissed its amended complaint with prejudice an aggrieved party for purposes of establishing appellate court jurisdiction? 2. Can a party raise arguments on appeal that were not raised before the trial court if application of a legal principle would dispose of an action on appeal and correctly explain the law but the issue has not been briefed or argued below? 3. Does a party meet the requirements of A.R.S. § 12-821.01 for individualized notice of a claim when it does nothing more than list the party’s name as the statutory agent for a public entity also named as a defendant?


2 CA-CV 2006-0178 ARANDA v. CARDENAS, M.D.; NES ARIZONA Opinion Filed: 06/06/2007
In an action for the wrongful death of an unborn child, (1) do A.R.S. §§ 25-801 through 25-818, which govern maternity and paternity proceedings, apply to a determination of paternity; and (2) does the plaintiff/putative father or the defendant bear the burden of proving paternity?


2 CA-CV 2006-0124 BURKHAMER v. STATE OF ARIZONA Opinion Filed: 05/31/2007
Did appellant’s timely filing of an objection to the trial court’s judgment extend the time for appealing from the judgment under ARCAP 9(b) and, if not, does this court lack jurisdiction because the appeal was untimely?


2 CA-CV 2006-0138 In re the Estate of ELLIOT GOLDMAN, Deceased Opinion Filed: 05/30/2007
For purposes of determining abatement under A.R.S. § 14-3902, is the value of estate assets determined as of the date of the testator’s death, or rather, at the time of distribution of estate assets?


2 CA-CV 2006-0149 AIRFREIGHT EXPRESS, LTD. v. EVERGREEN AIR CENTER, INC. Opinion Filed: 05/21/2007
1. Where the plaintiff’s claims in a previous action had been dismissed without prejudice, did the trial court err in applying the doctrine of claim preclusion to dismiss those same claims in a subsequent action? 2. Does the doctrine of claim preclusion bar claims based on facts pled as affirmative defenses in a prior action? 3. Did the trial court err in granting the defendant’s motion for summary judgment grounded on a limitation of damages clause in a contract when the plaintiff alleges that clause is unenforceable because the defendant acted in bad faith?


2 CA-CV 2006-0188 HOME BUILDERS ASSOCIATION v. CITY OF MARICOPA Opinion Filed: 05/18/2007
Whether Pinal County had the statutory authority to enter into development agreements providing no development fees would be imposed on the developments and whether subsequently incorporated City of Maricopa is bound by those agreements.


2 CA-CV 2006-0155 COHEN v. FREY, fka COHEN Opinion Filed: 05/09/2007
1) Did the trial court properly dismiss former wife’s partition complaint when the decree dissolving the parties’ marriage permitted husband to “live in the residence for a period of indefinite duration?” 2) Was the language of the decree, incorporating the merged settlement agreement, which permitted the sale of the marital residence for “whatever price” husband desired, susceptible to other than its literal meaning, given other provisions of the decree and the trial court’s duty to divide the property fairly and equitably?


2 CA-CV 2006-0092 FLYING DIAMOND AIRPARK, LLC v. MEIENBERG Opinion Filed: 04/30/2007
Whether a violation of a restrictive covenant is “intentional,” for purposes of considering the relative hardships to the parties in an action for injunctive relief, when a property owner completes construction of a structure violating the restriction although knowing of the restriction and learning of opposition to the structure during construction.


2 CA-CV 2006-0051 ARIZONA DEPARTMENT OF ECONOMIC SECURITY v. REDLON Opinion Filed: 04/24/2007
1. Did the trial court err in finding the State Personnel Board lacked jurisdiction to hear the administrative appeal of a state employee who resigned after being told she would be dismissed if she did not resign immediately?

2. Can the trial court’s dismissal of the employee’s administrative appeal be alternatively upheld on the ground the Personnel Board lacked jurisdiction because the employee’s appeal was untimely?


2 CA-CV 2006-0180 ANTONE v. GREATER ARIZONA AUTO AUCTION, INC. Opinion Filed: 04/20/2007
Is a commercial car auctioneer a seller under A.R.S. § 12-681(9) and therefore subject to strict product liability under Arizona law?


2 CA-CV 2006-0069 KIM v.MANSOORI Opinion Filed: 03/23/2007
Did the trial court abuse its discretion when it granted summary judgment on a claim for attorney fees prior to judgment on the merits and certified the judgment as final pursuant to Rule 54(b), Ariz. R. Civ. P., 16 A.R.S., Pt. 2?


2 CA-CV 2006-0164 ALLSTATE INDEMNITY COMPANY v. LISA RIDGELY Opinion Filed: 03/15/2007
Did the trial court err when, relying on the “sham affidavit rule,” it refused to consider on summary judgment deposition testimony that contradicted the deponent’s prior sworn statement?


2 CA-CV 2006-0095 TWIN PEAKS CONSTRUCTION, INC. v. WEATHERGUARD METAL Opinion Filed: 02/27/2007
In an administrative action brought by the Registrar of Contractors against a general contractor for failing to pay for services rendered by a subcontractor, does A.R.S. § 32-1153, which bars unlicensed contractors from suing a contracting party, provide the general contractor a defense?


2 CA-CV 2006-0128 WILLIAMS v. BAUGH Opinion Filed: 02/20/2007
Whether A.R.S. § 13-807 precludes a criminal defendant from raising the affirmative defenses of justification, contributory negligence, and comparative fault in a subsequent civil action.


2 CA-CV 2006-0116 ACOSTA v. PHOENIX INDEMNITY INSURANCE COMPANY Opinion Filed: 02/14/2007
Did an insurance company act in bad faith by refusing settlement offers from a plaintiff injured in an automobile accident when: 1) there was a legitimate issue whether its policy covered the claim, and 2) the defendant driver of the vehicle filed a bankruptcy petition before the plaintiff made a second settlement offer?


2 CA-CV 2006-0039 PENNY OSUNA v. WALMART STORES, INC.; SAM'S CLUB Opinion Filed: 02/08/2007
In an action for breach of employment agreement, where the plaintiff appeals from the trial court grant of defendants’ motion to dismiss claims pled in the original complaint and the denial of her motion to amend her second amended complaint, does this court have jurisdiction over the appeal when the appellant has dismissed without prejudice the only claim pled in her second amended complaint?


2 CA-CV 2006-0106 CITY OF BISBEE v. ARIZONA WATER COMPANY Opinion Filed: 02/08/2007
Did the Arizona Corporation Commission have exclusive jurisdiction over the issues raised, divesting the trial court of subject matter jurisdiction, and did the trial court err in granting partial summary judgment in favor of the City on its claims that Arizona Water Co.’s (AWC) reservation of subsurface property rights in certain City streets was void and, therefore, AWC had an obligation to assume any relocation costs associated with the City’s sewer improvement project?


2 CA-CV 2006-0137 HALL v. SMITH Opinion Filed: 02/08/2007
Is a party’s communication made to the chief executive officer of a non-party parent corporation during litigation with its subsidiary protected against a defamation claim by the absolute judicial privilege, when the parent company had a close and direct relationship to the underlying litigation?


2 CA-CV 2006-0075 GORNEY v. MEANEY; RINCON ORTHOPEDIC ASSOCIATES, P.C. Opinion Filed: 01/31/2007
Do the expert opinion requirements of A.R.S. § 12-2603(B) apply to plaintiffs alleging medical malpractice based on lack of informed consent?


2 CA-CV 2006-0065 STEIN v. SONUS USA, INC. Opinion Filed: 01/09/2007
Whether a hearing aid is an “assistive device” for purposes of A.R.S. §§ 44-1351 through 44-1355, governing assistive device warranties.


2 CA-CV 2006-0147 DAVID CONTRERAS, SR. v. WALGREENS DRUG STORE #3837 Opinion Filed: 12/27/2006
2 CA-CV 2006-0147 Contreras v. Walgreens Issue Summary

Did the trial court err in granting summary judgment to defendant against a plaintiff who had slipped and fallen on defendant’s business premises on the ground plaintiff had failed to present sufficient evidence that defendant could reasonably anticipate that hazardous conditions would regularly arise under the mode-of-operation rule adopted in Chiara v. Fry’s Food Stores of Arizona, Inc., 152 Ariz. 398, 733 P.2d 283 (1987)?


2 CA-CV 2005-0136 TRITSCHLER v. ALLSTATE INSURANCE CO., BETTER WAY SERVICES Opinion Filed: 12/19/2006
Whether an insurance company is required to include the cost of a general contractor’s overhead and profit in its actual cash value payment for property damage even when the homeowner chooses to repair the damaged property without hiring a contractor.


2 CA-CV 2006-0033 GRAND v. NACCHIO; McMASTER; and QWEST COMMUNICATIONS Opinion Filed: 12/15/2006
1. Does A.R.S. § 12-2101 permit a party to obtain a ppellate review of an adverse partial summary judgment ruling by having all remaining claims dismissed without prejudice? 2. Is the trial court’s inclusion in a judgment of language similar to that found in Rule 54(b), Ariz. R. Civ. P., 16 A.R.S., Pt. 2, sufficient to permit appeal? 3. Does the sale of securities on the open market satisfy the requirement in A.R.S. § 44-2001(A) that a plaintiff in an action for rescission of a securities transaction tender “the securities purchased”? 4. May a plaintiff in an action for rescission of a securities transaction tender to a defendant securities identical to those purchased rather than the specific securities the plaintiff had purchased? 5. Must a plaintiff must prove loss causation in order to obtain rescission of a securities transaction under A.R.S. § 44-2001(A) or the common law? 6. Must a plaintiff prove loss causation to obtain damages in a securities action brought under either A.R.S. § 44-1991(A)(1) and (3) or the common law? 7. Did the trial court abuse its discretion by granting a defendant’s motion for partial summary judgment on a plaintiff’s common law security fraud claims without allowing the plaintiff more discovery?


2 CA-CV 2005-0115 CHILTON v. CENTER FOR BIOLOGICAL DIVERSITY, INC. Opinion Filed: 12/06/2006
1. In a defamation action, did the Center for Biological Diversity (CBD) preserve its Noerr-Pennington doctrine and constitutional petition privilege defenses for appeal? 2. Did the trial court err in determining CBD’s publishing on its website of copies of material it had submitted in a United States Forest Service administrative appeal was not protected by a common law privilege?

3. Did the trial court err as a matter of law in finding that Chilton had proved sufficient evidence of the falsity of CBD’s publication?

4. Did the trial court err as a matter of law in finding that Chilton had proved sufficient evidence of actual malice?

5. Did the trial court err in submitting three written questions to the jury regarding only the question of the falsity of CBD’s publication?

6. Were the punitive damages assessed against CBD, a non-profit agency, inappropriate or excessive?


2 CA-CV 2005-0160 CORBETT v. MANORCARE OF AMERICA, INC. Opinion Filed: 11/29/2006
1. Is a party estopped from relitigating an issue when it did not have a full and fair opportunity to litigate it in the first instance and when there has been an intervening change in the controlling law? 2. Is a direct caregiver-patient relationship necessary for a person to be subject to liability under Arizona’s Adult Protective Services Act?


2 CA-CV 2006-0070 TURLEY v. ETHINGTON Opinion Filed: 11/29/2006
Whether Arizona should continue to follow the rule announced in Johnson v. Gilbert that applies the statute of frauds to partnership agreements calling for the transfer of an interest in land.


2 CA-CV 2006-0084 VOLUNTEER CENTER OF SO. AZ. v. STAPLES, FORD, PIMA CO. Opinion Filed: 11/29/2006
Is an Arizona nonprofit organization that is recognized by the Internal Revenue Service under 26 U.S.C. § 501(c)(3) entitled to a state property tax exemption for its entire office building when it leases one-third of that space to another § 501(c)(3)-recognized nonprofit organization?


2 CA-CV 2005-0069 ULAN v. PIMA COUNTY BOARD OF SUPERVISORS Opinion Filed: 10/31/2006
Under the statutes governing sales of delinquent tax liens, are Arizona tax lien purchasers entitled to payment from redeeming taxpayers of interest for the partial month in which the tax lien sale takes place?


2 CA-CV 2005-0035 LEDVINA v. CERASANI Opinion Filed: 10/31/2006
1. Is one who reports an alleged crime to the police subject to being sued for defamation? 2. Did the trial court correctly rule that crime reports to police are absolutely privileged under Arizona's public policy and case law?


2 CA-CV 2006-0018 STOUDAMIRE v. STATE OF ARIZONA Opinion Filed: 08/01/2006
Whether misdemeanor possession of marijuana is a serious offense entitling a defendant to a jury trial.


2 CA-CV 2005-0151 ANDRESANO v. PIMA COUNTY, PIMA COUNTY DEPT. OF PUBLIC WORKS Opinion Filed: 06/30/2006
Did the trial court properly grant summary judgment in favor of the defendant county based on the qualified immunity provided in Arizona’s recreational use statute, A.R.S. § 33-1551?


2 CA-CV 2005-0067 BARTH v. COCHISE COUNTY Opinion Filed: 06/15/2006
1. Does the Arizona Employee Protection Act of 1996 governing constructive discharge claims against employers supersede, conflict with, or affect requirements of A.R.S. § 12-821.01, governing claims against public entities?

2. Did the trial court abuse its discretion in awarding attorney fees to appellee Cochise County?


2 CA-CV 2005-0140 LaWALL v. PIMA COUNTY MERIT COMMISSION; and SCAMMON Opinion Filed: 03/15/2006
Does a county employee merit system commission operating under A.R.S. §§ 11-351 through 11-356 have jurisdiction to hear an appeal of an employee’s alleged coerced or constructive resignation absent a written order of dismissal from the appointing authority?


2 CA-CV 2005-0159 CORNMAN TWEEDY 560, LLC v. CITY OF CASA GRANDE Opinion Filed: 03/15/2006
1. Did the territory in the City of Casa Grande’s proposed annexation comply with the contiguity requirements of A.R.S. § 9-471(H)?

2. Was Casa Grande’s previous approval from the State Land Department valid for its new annexation petition?


2 CA-CV 2005-0129 GARY FILER v. TOHONO O'ODHAM NATION GAMING ENTERPRISE Opinion Filed: 02/28/2006
Does the doctrine of tribal sovereign immunity apply to bar a private dram shop action against a tribal gaming enterprise and its individual employees in state court?


2 CA-CV 2005-0096 FOSTER v. WEIR; ORTHODONTIC CENTERS OF ARIZONA, INC. Opinion Filed: 02/28/2006
Whether expert witness fees “for testifying at trial,” taxable as costs in medical malpractice actions under Rule 54(f)(2), Ariz. R. Civ. P., include the expert’s fees for time spent in preparing to testify and in traveling to court.


2 CA-CV 2005-0117 BOHSANCURT v. TUCSON CITY PROSECUTOR'S OFFICE Opinion Filed: 02/28/2006
In a DUI prosecution, are maintenance and calibration records for an Intoxilyzer breath-testing machine “testimonial” and therefore inadmissible under the Sixth Amendment’s Confrontation Clause, as discussed in Crawford v. Washington, 541 U.S. 36 (2004), unless the defendant first has an opportunity to confront and cross-examine the author of the records?


2 CA-CV 2005-0057 LOPEZ v. SAFEWAY STORES, INC. Opinion Filed: 02/28/2006
Does the collateral source rule apply to permit a plaintiff to claim and recover for medical expenses that included amounts which apparently were billed to the plaintiff but which neither she nor her medical insurers will ever have to pay?


2 CA-CV 2005-0073 EMMETT MCLOUGHLIN REALTY, INC. v. PIMA COUNTY Opinion Filed: 02/17/2006
Do the notice and hearing rights in A.R.S. § 11-829 and Pima County Code § 18.91.060(b)(1) or the due process rights afforded under the United States and Arizona Constitutions apply to a meeting at which the Pima County Board of Supervisors instructs its staff to request that the Pima County Planning and Zoning Commission begin a rezoning action? Does an instruction by the Pima County Board of Supervisors to its staff to request that the Planning and Zoning Commission initiate a rezoning on certain real property usurp the authority of the Pima County Planning and Zoning Commission?


2 CA-CV 2005-0128 PAMELA MANIC v. TUCSON CITY ATTORNEY'S OFFICE Opinion Filed: 02/16/2006
Does A.R.S. § 28-1381(F) create a substantive right to a jury trial for a defendant charged under § 28-1381(A) with misdemeanor driving or being in actual physical control of a vehicle while under the influence of an intoxicant or having an alcohol concentration of .08 or more?


2 CA-CV 2005-0216 GREGG FORSZT; and VESTAR ARIZONA XLI, L.L.C. v. F. ANN RODRIGUEZ AND STOP O.V. OUTRAGEOUS GIVEAWAYS Opinion Filed: 02/15/2006
Can a referendum petition’s presumption of validity be restored after the signature sheets are presented to the town clerk without a copy of the challenged ordinance attached as required by A.R.S. § 19-121(A)(3)?


2 CA-CV 2005-0049 ACUNA v. HAMPTON; and KROACK Opinion Filed: 01/27/2006
1. Did the trial court err in admitting evidence of the defendants’ post-accident conduct to prove a claim of negligent entrustment?

2. Was the evidence sufficient to support plaintiff’s claim of negligent entrustment against defendant-wife based on her knowledge that her codefendant husband was incompetent to drive?

3. Was the jury’s damage award of $200,000 excessive or unsupported by the evidence?

4. Absent sufficient evidence to support plaintiff’s negligent-entrustment claim against defendant-wife, may the jury’s allocation of fault to her be reallocated to defendant-husband, who admitted fault for the accident and for having caused plaintiff’s damages?


2 CA-CV 2005-0025 PIMA COUNTY v. CLEAR CHANNEL OUTDOOR, INC. Opinion Filed: 01/25/2006
Is a private landowner’s commercial use of private land, which was received from the state in a settlement agreement as compensation for condemnation, exempt from local zoning and building regulations?


2 CA-CV 2005-0072 WILSON v. PLAYA DE SERRANO Opinion Filed: 01/11/2006
Whether compliance with the Federal Fair Housing Amendments Act of 1988, Pub. L. No. 100-430, 102 Stat. 1619 (codified as amended at 42 U.S.C. §§ 3601 through 3631) and the Housing for Older Persons Act, Pub. L. No. 104-76, 109 Stat. 787 (codified as amended at 42 U.S.C. § 3607(b)(2)(C)), gives a homeowners’ association authority to impose an age- based occupancy restriction on its units absent a valid amendment to its Declaration?


2 CA-CV 2005-0039 MAHER v. URMAN Opinion Filed: 12/20/2005
1. Did the trial court misconstrue Rule 4(i), Ariz. R. Civ. P., as requiring a showing of good cause before the court, in its discretion, could extend the time for plaintiff’s service of the summons and complaint?

2. Did the court abuse its discretion in denying the plaintiff’s alternative requests for an extension of time for service under Rule 4(i) or for relief under Rule 60(c), Ariz. R. Civ. P., or A.R.S. § 12-504, Arizona’s savings statute?


2 CA-CV 2005-0060 TISSICINO and NIELSON v. PETERSON Opinion Filed: 11/02/2005
Is the plaintiff in a wrongful death action based on negligent entrustment required to establish the defendant owned the entrusted gun, rather than simply had the right to control it?


2 CA-CV 2005-0037 KAUFMANN v. M & S UNLIMITED, L.L.C. Opinion Filed: 09/30/2005
Did the trial court err in finding a plaintiff’s claim under Arizona’s Fraudulent Transfer Act, A.R.S. §§ 44-1001 through 44-1010, subject to the conveyance statutes, A.R.S. §§ 33-401 through 33-413, as interpreted by Blalak v. Mid Valley Transportation, Inc., 175 Ariz. 538, 858 P.2d 683 (App. 1993)?


2 CA-CV 2004-0155 ABDULKADIR HOURANI v. BENSON HOSPITAL Opinion Filed: 09/27/2005
1. When a physician challenges a decision resulting from a hospital’s peer review process that affects the physician’s hospital privileges, does A.R.S. § 36-445.02(B) permit the physician to seek injunctive relief from an erroneous procedure even though the decision is supported by substantial evidence?

2. When the same individual serves in both an investigatory and adjudicatory role in a hospital peer review process and the hospital bylaws do not prohibit the same individual from serving in dual roles, does the person’s serving in dual roles, without more, deny the physician a fair process?


2 CA-CV 2004-0053 ROMERO v. SOUTHWEST AMBULANCE, RURAL/METRO, CITY OF TUCSON Opinion Filed: 09/12/2005
Did instructing the jury pursuant to A.R.S. § 12-711 that it could find for the defendant if it found the plaintiff had been intoxicated and at least fifty percent responsible for the event that caused plaintiff’s injuries abrogate the plaintiff’s right of action in violation of the Arizona Constitution?


2 CA-CV 2004-0109 WERTHEIM v. PIMA CO.; DUPNIK; PIMA CO. SHERIFF; TUCSON POLICE DEPT. Opinion Filed: 08/31/2005
In a wrongful death case in which an off-duty police officer used his personal weapon to shoot and kill his estranged wife’s boyfriend, did the City of Tucson and/or Pima County owe a duty of care to the victim?


2 CA-CV 2004-0160 PINAL COUNTY v. PINAL COUNTY EMPLOYEE MERIT SYSTEM COMMISSION, SERB Opinion Filed: 07/25/2005
1. Did the Pinal County Employee Merit System Commission abuse its discretion by overturning the Pinal County Sheriff Department’s firing of a detention officer and reinstating him with full back pay and benefits, when the officer had engaged in inappropriate behavior (striking a fully restrained inmate) and when applicable Department policies authorized dismissal for serious infractions?

2. Did the Commission’s finding that the sheriff’s termination decision was shocking to a sense of fairness, in the absence of any evidence to support that finding, authorize the Commission to reject the Department’s choice of sanction without imposing any other disciplinary measure?


2 CA-CV 2003-0189 ANDREW MULLIN v. BROWN; CHAPA; FIELDS; LINDEN Opinion Filed: 06/30/2005

When presumption of undue influence arises about the execution of a will, does the burden of production or the burden of persuasion shift to the proponent of the will?


2 CA-CV 2004-0209 ROWLAND v. KELLOGG BROWN AND ROOT, INC. Opinion Filed: 06/20/2005
Was a plaintiff’s letter to the Clerk’s office, which did not comport with the Arizona Rules of Civil Procedure pertaining to complaints but did state the basic elements of a personal injury action, sufficient under Arizona’s notice pleading scheme to “commence an action” for purposes of the statute of limitations?


2 CA-CV 2004-0199 ARIZONA PROPERTY AND CASUALTY INS. GUARANTY FUND v. MARTIN Opinion Filed: 06/17/2005
When insured defendants in an underlying tort case had settled with the plaintiffs pursuant to a Morris agreement, did Associated Aviation Underwriters v. Wood, 209 Ariz. 137, 98 P.3d 572 (App. 2004), preclude the insurer from contesting coverage in a separate declaratory relief action based on exclusions in the policy that partially overlapped with affirmative defenses the insureds had asserted in the underlying tort case?


2 CA-CV 2004-0127 BARLAGE v. VALENTINE Opinion Filed: 04/27/2005
) Was the plaintiff’s affidavit of service by publication, pursuant to Rule 4.2(f), Ariz. R. Civ. P., deficient in failing to specify whatever due diligence efforts had been made to locate the defendant to effect personal service?

2) Did the trial court err in setting aside a default judgment on the ground that the plaintiff’s attempted service of process by certified mail, pursuant to Rule 4.2(c), had failed, when the plaintiff had expressly and unconditionally authorized a commercial mail-receiving agency to receive “restricted delivery mail” on her behalf and when that agency had received and signed for the certified mail delivery of the summons and complaint?


2 CA-CV 2004-0146 WENC v. SIERRA VISTA UNIFIED SCHOOL DIST. NO 68... Opinion Filed: 03/29/2005
Should a school district budget override election be set aside because it was canvassed by a county employee whose authority to do so had not been established in accordance with the technical requirements of A.R.S. § 38-461?


2 CA-CV 2004-0092 MARTIN v. SCHROEDER Opinion Filed: 02/09/2005
Does a violation of § 922(d)(3) of the Federal Gun Control Act of 1968 (Act), 18 U.S.C. §§ 921-931, which prohibits transferring a firearm to any person who is an unlawful user of or addicted to any controlled substance, constitute negligence per se?


2 CA-CV 2004-0033 MILLER v. HEHLEN Opinion Filed: 01/18/2005
1. Could former H&R Block franchisee, after Block terminated her franchise, enforce against her former employee certain noncompetition and nonsolicitation covenants in their form employment agreement that Block provided and required?

2. Did trial court properly grant summary judgment in favor of former employee on plaintiff’s claims for breach of contract, misappropriation of trade secrets, conversion, tortious interference with business expectancy, and defamation?


2 CA-CV 2003-0153 ORFALY, GEORGE, ALBRECHT, REID v. TUCSON SYMPHONY SOCIETY... Opinion Filed: 10/29/2004
1. Did symphony musicians’ employment contracts, under which annual salaries were paid over a twelve-month period even though their symphony performance obligations lasted less than twelve months, violate the requirement of A.R.S. § 23-351(C) that employers pay “on each of the regular paydays . . . all wages due the employees up to such date?”

2. Was musicians’ labor organization obligated by labor agreement to pursue arbitration by presenting any and all musician/employee grievances in writing to the symphony’s Executive Director?

3. Did the trial court abuse its discretion in awarding to defendants/appellees all attorney fees they had requested pursuant to A.R.S. § 12-341.01(A)?


2 CA-CV 2004-0016 HULL v. DAIMLERCHRYSLER CORPORATION Opinion Filed: 10/26/2004
Does A.R.S. § 44-1263(A) require a consumer seeking relief under Arizona’s Lemon Law to return the nonconforming vehicle to the manufacturer before he or she is entitled to obtain the remedies under the statute?


2 CA-CV 2003-0091 ASSOCIATED AVIATION UNDERWRITERS v. WOOD, et. al. Opinion Filed: 09/29/2004
1. May an insurer who defends its insured in an underlying tort case under a reservation of rights attempt to avoid coverage by litigating in a declaratory relief action issues relating solely to the insured’s liability, causation, and the claimant’s damages, after the insured and the claimant have agreed to a settlement and consent judgment in the underlying case pursuant to United Services Automobile Ass’n v. Morris, 154 Ariz. 113, 741 P.2d 246 (1987)?

2. In a “mass-tort” case involving multiple plaintiffs and an extended time frame over which plaintiffs allegedly were injured by a toxic substance, what legal theory should apply in determining whether an “accident” with resulting damage occurred during an insurer’s policy period so as to trigger coverage?

3. Did the trial court err in finding insurance coverage under the insurer’s CGL “accident” policy based on the plaintiffs having sustained cellular damage from exposure to a toxic substance during the insurer’s policy period, despite the lack of proof of any fully manifested disease during that period?

4. Did the trial court err in finding reasonable a Morris agreement and resulting consent judgment when the insured evaluated and settled the claims of approximately 1,600 plaintiffs on a “global” basis, without requiring individualized proof on the nature and extent of plaintiffs’ injuries and damages?

5. Having found coverage under the insurer’s CGL “accident” policy, did the trial court err in failing to likewise find coverage under the insurer’s “occurrence” policy?

6. Did the plaintiffs/Intervenors, as assignees of the insured’s rights under the CGL insurance policy, properly and timely seek a money judgment as supplemental relief in this DRA, pursuant to A.R.S. § 12-1838?

7. Was plaintiffs/Intervenors’ request for monetary relief in the DRA barred because of their alleged failure under A.R.S. § 12-1551 to renew the consent judgment they had obtained pursuant to the Morris agreement in the underlying tort case or because their request constituted an impermissible direct action against the insurer?

8. Did plaintiffs/Intervenors’ complaint-in-intervention in this DRA qualify under A.R.S. § 12-1611 as an action on the consent judgment previously entered in the underlying tort case for purposes of timely renewing that judgment and avoiding its expiration?


2 CA-CV 2003-0182 POTTER v. U.S. SPECIALTY INSURANCE CO. Opinion Filed: 09/08/2004
Was there a material issue of fact as to liability coverage under an aircraft insurance policy that required a pilot flying the aircraft to have “logged” a specified minimum number of hours in certain types of aircraft when the only record of the pilot’s hours showed fewer hours than that required minimum?


2 CA-CV 2004-0050 MACKEY, SCHUESSLER, BAYLY v. MAYOR AND COUNCIL OF THE CITY OF TUCSON Opinion Filed: 08/25/2004
When a city appraises roadway property and then transfers title to the property to an abutting landowner, receiving in return other land and additional compensation, is the transaction a sale of land governed by A.R.S. § 28-7204 or an exchange of land governed by A.R.S. § 28-7203?


2 CA-CV 2002-0158 STATE OF ARIZONA v. SHIPMAN; SWEENEY Opinion Filed: 08/03/2004
State v. Shipman/Sweeney CV 2002-0158

Issue Summary

In a special action arising from a criminal proceeding, did the trial court err in imposing a sanction of attorney fees against the state pursuant to Rule 11(a) of the Arizona Rules of Civil Procedure?


2 CA-CV 2002-0139 LAMB EXCAVATION v. TORREJON Opinion Filed: 07/29/2004
Lamb Excavation v. Chase; Integra et. al. 2 CA-CV 2002-0139

Issue Summary

Whether the trial court erred in refusing to apply the doctrine of equitable subrogation to subrogate a permanent financing lender to the first lien position of the construction lender where the permanent loan discharged the construction loan and intervening mechanics lienholders did not establish any material prejudice


2 CA-CV 2002-0123 CRACKEL v. ALLSTATE Opinion Filed: 06/28/2004
2CA-CV 2002-0123, Crackel v. Allstate issue summary

1. Must a plaintiff demonstrate that the defendant abused a specific court process to establish a claim for abuse of process or can the claim be based on the course of the litigation process as a whole?

2. Does Arizona law limit the range of court procedures on which an abuse of process claim can be based to those that compel an opposing litigant to act or forbear to act ?

3. Can a litigant who did not initiate a specific court process but who abused it be held liable for abuse of process?


2 CA-CV 2003-0026 CLARK v. NEW MAGMA Opinion Filed: 06/24/2004
2 CA-CV 2003-0026, Clark v. New Magma Irrigation Issue Summary

Whether an easement holder owes a duty of care to invitees on the servient estate with respect to conditions created by the landowner and unrelated to the easement holder’s use of the land.


2 CA-CV 2003-0162 AMPARANO v. ASARCO Opinion Filed: 06/16/2004
Is a defendant entitled to dismissal under Rule 12(b)(3), Ariz. R. Civ. P., 16 A.R.S., Pt. 1, of a complaint that includes both tort causes of action and ones involving real property, if no proper venue exists under the real-property-venue exception in A.R.S. § 12-401(12), even though the venue the plaintiff chose is proper under the tort-venue exception in § 12-401(10)?


2 CA-CV 2003-0165 IN RE BOND FORFEITURE IN PIMA COUNTY CAUSE CR-20031154 Opinion Filed: 06/07/2004

In re Bond Forfeiture, CV 2003-0165 ISSUE SUMMARY:

Does a surety assume the risk of a defendant’s failure to appear when the defendant was deported before trial, when information about his immigration status was available at the time the surety posted the bond, and when the surety made no effort to secure permission for the defendant to re-enter the United States to appear in court?


2 CA-CV 2003-0136 KUEHN v. STANLEY, CHARTER FUNDING, FIRST MAGNUS Opinion Filed: 06/07/2004
Absent an express contractual obligation, is an appraiser employed by a lender liable to a purchaser of real property for a negligently prepared appraisal?


2 CA-CV 2003-0090 WONDERS v. PIMA COUNTY Opinion Filed: 05/12/2004
1. Is Pima County’s native-plant preservation ordinance, Pima County Code Chapter 18.72, preempted by the less restrictive Arizona Native Plant Act, A.R.S. §§ 3-901 through 3-934?

2. Does the ordinance effect a regulatory taking or illegal exaction in violation of the Fifth Amendment to the United States Constitution and article II, § 17 of the Arizona Constitution?


2 CA-CV 2003-0115 BRIDGESTONE FIRESTONE NORTH AMERICA TIRE v. A.P.S. RENT A CAR & LEASING Opinion Filed: 04/30/2004
Issue Summary Bridgestone/Firestone v. A.P.S. Rent-A-Car CV 2003-0115

1) In a product liability action involving a failed tire, was the seller’s tender of defense to, and subsequent indemnity claim against, the parent tire company proper when the tire had actually been manufactured and distributed by that company’s subsidiary?

2) Is A.R.S. § 12-684(A) a separate and independent basis for a seller’s indemnity claim against a manufacturer, or is that statutory right to indemnity also qualified and affected by common law principles?

3) Is a seller entitled to indemnity from a manufacturer if all prerequisites of § 12-684(A) are met, even when those entities had a conflict of interest and when no evidence in the indemnity action established that the product was defective at the time it left the manufacturer’s control? CV 2003-0115


2 CA-CV 2003-0131 MITCHELL v. GAMBLE, JENSON Opinion Filed: 04/01/2004
CV 2003-0131 Issue Summary

Do students, who perform a routine errand at their teacher’s request and in the process accidentally injure another teacher, qualify as school “employees” under the Workers’ Compensation Act such that A.R.S. § 23-1022(A) bars the injured teacher’s common law negligence action against the students?


2 CA-CV 2003-0097 BOOTH v. STATE OF ARIZONA Opinion Filed: 01/30/2004
Did the trial court err in allowing a jury to determine that the state had acted negligently in failing to take steps to prevent elk from entering portions of an interstate highway when Plaintiffs had presented evidence from which the jury could determine collisions at that location between large animals and automobiles were foreseeable and that the likelihood of serious injury was high?


2 CA-CV 2003-0130 MULLENAUX v. GRAHAM COUNTY Opinion Filed: 01/06/2004
Whether a discharged classified county employee must exhaust the county’s merit system administrative procedures before filing a civil action against the county for wrongful discharge and breach of contract.


2 CA-CV 2003-0107 WASHBURN v. PIMA COUNTY Opinion Filed: 12/19/2003
Does a county have authority under A.R.S. § 11-861(A) and (C)(1) to adopt wheelchair access requirements promulgated by a national organization or association organized and conducted for the purpose of developing building codes that the organization did not title a building “code” and that have not been adopted by the largest city in the county?


2 CA-CV 2003-0048 CIMARRON FOOTHILLS v. KIPPEN Opinion Filed: 12/10/2003
Does the federal Fair Housing Amendments Act prevent a homeowners’ association from enforcing, against a residential group home for the elderly, a restrictive covenant requiring that recreational vehicles be kept in a garage or other enclosure?


2 CA-CV 2003-0009 BRIDGESTONE FIRESTONE NORTH AMERICA TIRE v. MONTANO; NARANJO Opinion Filed: 12/10/2003
Despite Arizona’s abolition of joint and several liability in A.R.S. § 12-2506, when the alleged fault of two tortfeasors caused a single accident and the same injuries and plaintiffs already recovered and received their full compensatory damages in a first action they deliberately filed against only one tortfeasor, do principles of satisfaction of judgment and collateral estoppel bar plaintiffs’ subsequent action against the other tortfeasor for compensatory and punitive damages?


2 CA-CV 2003-0068 EATON v. ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM Opinion Filed: 11/26/2003
Whether, in the absence of HCFA’s agreement to compromise, the director of AHCCCS is prohibited by federal law from compromising under A.R.S. § 36-2915(H) the federal portion of a Medicaid lien?


2 CA-CV 2003-0057 THE TOWN OF MARANA v. AEGIS OF ARIZONA, LLC. Opinion Filed: 11/20/2003
Did the trial court err in submitting to the jury plaintiff’s substantive due process and equal protection claims, brought under 42 U.S.C. § 1983 and based on the county’s requiring plaintiff to submit, and the county’s ultimately denying, his application for a conditional use permit?


2 CA-CV 2003-0017 JIMENEZ v. WAL-MART STORES, INC. Opinion Filed: 11/20/2003
1. Did the trial court err in excluding evidence in a retrial after remand when that same evidence had been admitted without objection at the first trial?


2 CA-CV 2003-0067 BRAKE MASTERS v. GABBAY Opinion Filed: 11/12/2003
1. Does A.R.S. § 12-1502 require that a party attempting to arbitrate obtain a pre-arbitration judicial determination concerning arbitrability of the issues when the other party contests the arbitrability?

2. Does an arbitration agreement that expressly incorporates a set of arbitration rules, including a rule allowing the arbitrator to decide the arbitrability of the issues, provide clear and unmistakable evidence of the parties’ intention to allow the arbitrator to decide arbitrability?

3. In an arbitration award confirmation proceeding, when should the trial court hold an evidentiary hearing?


2 CA-CV 2003-0040 VALLEY FARMS v. TRANSCONTINENTAL INS.; CNA CASUALTY OF CALIFORNIA Opinion Filed: 11/06/2003
Whether A.R.S. § 20-1109 imposes upon a prospective insured a continuing duty to disclose all facts that may affect the risk an insurer assumes that arise after an insurance application has been completed, but before the insurer issues the policy of insurance?


2 CA-CV 2002-0035 BURKE v. AZ STATE RETIREMENT Opinion Filed: 10/06/2003
In a class action in which a settlement agreement provided that the Arizona State Retirement System would pay the attorney’s fees of the class of state employees, did the trial court err in calculating attorney’s fees as a percentage of the common fund created by the settlement agreement rather than employing the hourly lodestar method?


2 CA-CV 2002-0087 TORREZ v. KNOWLTON; DUPNIK Opinion Filed: 08/12/2003
Does a sheriff’s deputy incur civil liability for false arrest when the deputy arrests a person on a warrant that was quashed several months before the arrest but the clerk of the court failed to notify the sheriff’s office that it had been quashed?


2 CA-CV 2001-0100 PLEAK v. ENTRADA Opinion Filed: 07/25/2003
Does Arizona common law permit adjacent property owners to enforce a roadway easement against the grantees and their successors of the developer-grantor who “dedicated” the easement to the public in a recorded land survey before selling the individual lots?


2 CA-CV 2002-0117 RESIDENCE AT 319 E. FAIRGROUNDS DRIVE Opinion Filed: 07/03/2003
Must a civil in rem forfeiture under A.R.S. § 13-2314(G) be reviewed under the Eighth Amendment of the United States Constitution to determine if it is an excessive fine?


2 CA-CV 2002-0174 AZ LIBERTARIAN PARTY, INC. V BOARD OF SUPERVISORS Opinion Filed: 06/23/2003
Did the legislature, in enacting A.R.S. § 16-821, intend that a political party entitled to continued representation on the ballot for state officers but not for county officers in certain counties have its candidates for precinct committeeman listed on the primary ballot in the counties in which it is not entitled to continued county representation?


2 CA-CV 2002-0131 WAY v. STATE OF ARIZONA Opinion Filed: 04/30/2003
1. When a DUI arrestee refuses to submit to testing for blood alcohol concentration and surrenders his driver’s license to the officer pursuant to A.R.S. § 28-1321(D)(2)(c), does the officer’s failure to contemporaneously serve an order of suspension on the arrestee pursuant to § 28-1321(D)(2)(b) invalidate all further license suspension proceedings or otherwise divest the DOT of jurisdiction?

2. When does the one-year license suspension commence—when the DUI arrestee surrenders his driver’s license or, rather, when the arrestee subsequently receives the order of suspension?


2 CA-CV 2000-0138 ARMENTA v. CITY OF CASA GRANDE Opinion Filed: 04/22/2003
In an action under A.R.S. § 33-1551, the recreational use immunity statute, does a portable soccer goal located in a public park that injured plaintiff’s son come within the statute’s definition of “premises”?


2 CA-CV 2002-0092 PROPERTY LOCATED AT 6757 S. BURCHAM AVE. Opinion Filed: 03/17/2003
Does the court of appeals have jurisdiction to hear an appeal if, in violation of A.R.S. § 13-2314(M), an appellant fails to serve the notice of appeal and one copy of the appellant’s opening brief on the attorney general at the time the opening brief is filed with the court?


2 CA-CV 2002-0022 McMURREN v. JMC BUILDERS Opinion Filed: 02/25/2003
When must an owner of residential real property, who has been damaged by the failure of a residential contractor to adequately build or improve the residence, occupy or intend to occupy that residence in order to qualify as a person injured under A.R.S. § 32-1131(3) and be eligible to recover from the Residential Contractors Recovery Fund pursuant to A.R.S. § 32-1154?


2 CA-CV 2002-0005 STATE OF ARIZONA v. CRANMER Opinion Filed: 01/28/2003
Did the superior court err on special action review in requiring the state to establish that resumption of a previously deferred prosecution pursuant to Rule 38, Ariz. R. Crim. P., 17 A.R.S., was not arbitrary or capricious, and in conducting an evidentiary hearing to explore the factual basis for the resumed prosecution?


2 CA-CV 2001-0114 CAPITOL INDEMNITY v. FLEMING Opinion Filed: 12/10/2002
1. Can a surety company maintain a cause of action for legal malpractice against its principal’s attorney whom it did not engage?

2. Is a legal malpractice claim subject to equitable subrogation?


2 CA-CV 2000-0079 EMPRESS ADULT VIDEO v. CITY OF TUCSON Opinion Filed: 11/27/2002
Does A.R.S. § 13-1422, which requires adult-oriented businesses to close certain hours each day, violate either the free speech provision, article II, § 6, or the equal protection provision, article II, § 13, of the Arizona Constitution?


2 CA-CV 2001-0198 MCLOUGHLIN; CATALINA v. PIMA COUNTY Opinion Filed: 11/19/2002
Issue Summary Whether A.R.S. § 11-829(G), which proscribes counties from rezoning land in a manner that restricts permitted uses without the landowner’s permission, violates the Arizona Constitution by delegating legislative powers to private landowners.


2 CA-CV 2000-0136 HENRY v. HEALTHPARTNERS Opinion Filed: 09/19/2002
ISSUE ONE: Was the remaining codefendant entitled to introduce the plaintiff’s complaint allegations against a settling codefendant?

ISSUE TWO: Did the trial court err in granting a new trial on the ground that the timing of the reading of the complaint allegations unfairly prejudiced the plaintiff?


2 CA-CV 2001-0124 TORNABENE v. BONINE Opinion Filed: 09/19/2002
Before the Motor Vehicle Division may administratively suspend a DUI arrestee’s driver’s license under A.R.S. § 28-1321 based on his or her refusal to submit to a breath test, is MVD constitutionally or statutorily required to first determine the validity of the investigatory stop that led to the DUI arrest?


2 CA-CV 2001-0186 HALLMARK INDUSTRIES v. FIRST SYSTECH Opinion Filed: 09/05/2002
When several claims arising from multiple, related contracts are intertwined, with some subject to arbitration and others not, does the so-called “intertwining doctrine” preclude arbitration of any of the claims?


2 CA-CV 2001-0125 SMITH v. CIGNA Opinion Filed: 07/30/2002


Industrial Commission
2 CA-IC 2013-0022 CHARLES W. STENZ v. CITY OF TUCSON and PINNACLE RISK MANAGEMENT SERVICES Opinion Filed: 10/08/2014
Was the petitioner entitled to interest on death benefits pursuant to A.R.S. § 23-1046(A) dating from the date the insurer-carrier received notice of her husband’s death until such benefits were awarded by an administrative law judge four years later?


2 CA-IC 2014-0005 CITY OF TUCSON and PINNACLE RISK MANAGEMENT v. SCOTT WOODWORTH Opinion Filed: 09/30/2014
1. Did the ALJ err in finding that petitioner did not experience pain associated with herniation?

2. Did the ALJ err in finding petitioner’s claim compensable under the hernia statute, A.R.S. § 23-1043(2), despite petitioner’s lack of pain associated with herniation?


2 CA-IC 2013-0001 JULIE MUNOZ v. SONIC RESTAURANTS #10 and HARTFORD ACCIDENT & INDEMNITY/GALLAGHER BASSETT Opinion Filed: 02/10/2014
Did the ALJ properly conclude that Munoz’s concurrent earnings from her horse training business must be excluded from her average monthly wage calculation because her business was not covered employment under the Workers’ Compensation Act?


2 CA-IC 2012-0001 JOSE A. ESCOBAR v. MARSHALL FOUNDATION and PINNACLE RISK MANAGEMENT Opinion Filed: 08/31/2012
Whether, in light of Rodgers v. Industrial Commission, 109 Ariz. 216, 508 P.2d 46 (1973), this court should abrogate its decision in Hoosava v. Industrial Commission, 1 Ariz. App. 6, 398 P.2d 683 (1965), in which we concluded that multiple impairments to one extremity resulting from a single industrial accident are to be compensated as scheduled pursuant to A.R.S. § 23-1044(B).


2 CA-IC 2011-0014 GARY D. HACKWORTH v. ATLAS COPCO NORTH AMERICA and LIBERTY MUTUAL INSURANCE GROUP Opinion Filed: 05/07/2012
When an injured worker’s claim for compensation raises a question of medical causation, is a physician’s testimony regarding the possibility of idiopathic causes sufficient to create a conflict in the evidence and rebut the testimony of another physician establishing industrial causation to a reasonable medical probability?


2 CA-IC 2011-0010 SPECIAL EVENTS SERVICE, INC. and ZURICH AMERICAN INSURANCE CO. v. ROBERTO DOMINGUEZ Opinion Filed: 11/01/2011
Did the Administrative Law Judge err in concluding the insurance carrier’s issuance of a form designating the employee’s injury unscheduled and requesting the Industrial Commission to determine benefits was subject to the principle of res judicata?


2 CA-IC 2007-0007 LANE v. CITY OF TUCSON Opinion Filed: 03/21/2008
Did the administrative law judge err in finding that an off-duty police officer’s gunshot injury in the course of protecting a friend was not compensable because the friend was not actually in danger, even though the officer’s employment rules required him to take action to safeguard life even while off duty?


2 CA-IC 2006-0025 MONT POLANCO v. ICA; PIMA COUNTY Opinion Filed: 03/29/2007
Does the requirement of A.R.S. § 23-1061(H) that a workers’ compensation claim “shall not be reopened because of increased subjective pain if the pain is not accompanied by a change in objective physical findings” violate article XVIII, § 8 of the Arizona Constitution by limiting the means by which an employee can meet the obligation to prove a “new, additional or previously undiscovered temporary or permanent condition” arose out of and in the course of employment?


2 CA-IC 2006-0005 MEINERS v. UNIVERSITY OF ARIZONA , STATE OF ARIZONA Opinion Filed: 10/27/2006
Do res judicata principles preclude an Administrative Law Judge from reducing a petitioner employee’s workers’ compensation benefits in the absence of a petition for rearrangement filed by the employer or carrier pursuant to A.R.S. § 23-1044(F)?


2 CA-IC 2006-0003 AAA CAB SERVICE INC. v. KERRI S. WAY, SPECIAL FUND DIVISION/NO INSURANCE SECTION Opinion Filed: 08/22/2006
Does the entry of a final award on a claim for workers’ compensation benefits preclude an employee or representative from pursuing a civil cause of action against the employer under the common law doctrines of res judicata or election of remedies when A.R.S. § 23-1024(A) specifies that a claimant forfeits the right to pursue a civil action only upon accepting compensation from the Industrial Commission?


2 CA-IC 2005-0005 PARRA v. PEDUS, TRANSCONTINENTAL INSURANCE COMPANY Opinion Filed: 04/28/2006
1. Is an Industrial Commission award of temporary total disability benefits under A.R.S. § 23-1045 subject to the apportionment provisions of A.R.S. § 23-1044?

2. Must an administrative law judge conduct an independent review of the Industrial Commission’s disability benefit calculations?


2 CA-IC 2004-0018 HYPL v. CPS, INC. FOR LEASED WORKERS; COREXPRESS Opinion Filed: 05/10/2005
If an injured worker proves by a preponderance of the evidence that the injury rendered the worker unable to remember or communicate the circumstances and cause of the injury and that the injury occurred during the time and space limitations of the employment, is the worker presumed to have been injured while doing the employer’s work, i.e., in the course of the employment, and is the injury presumed to have arisen out of the employment, in the absence of any contrary evidence?


2 CA-IC 2002-0010 MACE v. TREMCO; LIBERTY Opinion Filed: 01/30/2003
Do counseling services that are reasonably required to treat the effects of a claimant’s industrial injury but provided, in part, to a third party qualify as compensable services under Arizona’s workers’ compensation system?


Juvenile
2 CA-JV 2014-0008 OSCAR F. v. DCS, E.F., M.F, C. F. G.F. and L.F. Opinion Filed: 07/30/2014
Whether the juvenile court was authorized by statute to adjudicate the children dependent as to the father, notwithstanding unresolved dependency allegations against the mother, who was participating in an in-home intervention at the time of the adjudication.


2 CA-JV 2013-0029 BENNIGNO R. v. ADES, S.R. and L.R. Opinion Filed: 10/30/2013
(1) Does the principle of res judicata bar the Arizona Department of Economic Security (ADES) from re-litigating in a proceeding on its second motion to terminate a parent’s rights, the issue of whether termination of the parent’s rights was in a child’s best interest, after the court determined, following a hearing on ADES’s first motion to terminate the parent’s rights, that ADES had not sustained its burden of establishing best interests? Did the juvenile court err in this case by denying the appellant father’s motion for summary judgment based on res judicata under such circumstances?

(2) Did the appellant father waive the right to question in a severance proceeding the reasonableness and propriety of services provided by ADES throughout the dependency, when the father did not request additional services during that time or object to the juvenile court’s periodic reasonable-efforts findings?

(3) Waiver notwithstanding, does the record support the juvenile court’s determination that ADES had made a diligent effort to provide reunification services, and that termination of the father’s rights was in the children’s best interests?


2 CA-JV 2013-0064 KIMBERLY D.-D. v. ADES, K. D., K. D. and K. D. Opinion Filed: 10/02/2013
When a dependency hearing was held beyond the time limits prescribed by A.R.S. § 8-842, did the trial court err in concluding extraordinary circumstances justified the delay because the state’s attorney was on unforeseen medical leave and no alternate counsel was available?


2 CA-JV 2012-0005 XAVIER R. and ATHENA R. v. ADES and JOSEPH R. Opinion Filed: 07/06/2012
1) Whether the notice of appeal filed by the children’s attorney in an appeal from the denial of a motion to sever parental rights complied with Rule 104(B), Ariz. R. Crim. P.

2) Whether the juvenile court abused its discretion in determining ADES had not met its burden to establish by a preponderance of the evidence that severance of the father’s parental rights was in the children’s best interests.


2 CA-JV 2012-0007 LISA K. v. ADES and JULIAN N. Opinion Filed: 06/26/2012
Whether A.R.S. § 8-862 is facially unconstitutional because it permits the same judge who directs the Department of Economic Security to file a motion to terminate a parent’s rights to preside over the hearing on that motion and decide whether to grant it?


2 CA-JV 2011-0046 FRANCISCO F. v. ADES and SHAWN S. Opinion Filed: 11/30/2011
Is a juvenile court’s order that the state need not provide reunification services to a parent in a dependency proceeding, final and appealable?


2 CA-JV 2009-0109 IN RE CASEY G. Opinion Filed: 02/24/2010
Whether a delinquency petition improperly alleged that the delinquent act was a dangerous crime against children as defined in A.R.S. § 13-705(P)(1)(e);


2 CA-JV 2009-0111 IN RE NICKOLAS T. Opinion Filed: 02/03/2010
Did the juvenile court have the authority, based on A.R.S. § 13-3821(D) and A.R.S. § 8-202(G), to vacate a previously imposed order requiring the juvenile to register as a sex offender?


2 CA-JV 2009-0080 - 2 CA-JV 2009-0081 (consolidated) IN RE MARTIN M. and RENE N. Opinion Filed: 12/21/2009


2 CA-JV 2009-0019 - 2 CA-JV 2009-0020 (consolidated) JORDAN C. , JESSE C., KAILYNN C., MICHELE C. v. ADES Opinion Filed: 11/10/2009
Did the juvenile court err in finding by clear and convincing evidence that, despite the Arizona Department of Economic Security’s diligent efforts to provide appropriate reunification services, mother had failed to remedy the circumstances causing her two youngest children to remain in court-ordered, out-of-home care for fifteen months or longer and there was a substantial likelihood she would be unable to effectively parent the children in the near future, warranting termination of her parental rights pursuant to A.R.S. § 8-533(B)(8)(c)?


2 CA-JV 2008-0133 ANTONIO M. v. ADES and DANIEL M. Opinion Filed: 07/29/2009
Other than as part of its general consideration of placement possibilities in determining a child’s best interests, is the juvenile court required to consider possible placement of a child with a grandparent pursuant to A.R.S. § 8-538(B), (C), in deciding whether severance is warranted pursuant to A.R.S. § 8-533, or is the placement determination under § 8-538 made after the court finds sufficient grounds for terminating a parent’s rights?

After the juvenile court finds sufficient grounds to terminate a parent’s rights pursuant to § 8-533, does that parent have standing to challenge the child’s placement? Did the juvenile court make sufficient factual findings as required by Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246, 995 P.2d 682 (2000), and A.R.S. § 8-533(B)(4)?


2 CA-JV 2009-0003 DENISE R. v. ADES, DRAVEN R. and LARSEN R. Opinion Filed: 05/26/2009
What standard of appellate review applies to a claim that the evidence was insufficient to support a juvenile court’s order terminating parental rights? Was the evidence sufficient to establish that the mother was unable to discharge her parental responsibilities as the result of her chronic alcohol abuse, which she acknowledged could be expected to continue indefinitely?


2 CA-JV 2008-0121 IN RE HILLARY C. Opinion Filed: 04/03/2009
Whether the juvenile court is statutorily required to notify the Arizona Department of Transportation that a juvenile has been adjudicated delinquent for violating A.R.S. § 4-244(33), which prohibits a person under the age of twenty-one from driving or being in physical control of a motor vehicle while there is any alcohol in his or her body.


2 CA-JV 2008-0009 BOBBY G. v. ADES & ALLISON G. Opinion Filed: 09/30/2008
After a permanency hearing has commenced in a juvenile dependency proceeding pursuant to A.R.S. § 8-862(A), is a party to that proceeding precluded from filing a petition to terminate parental rights pursuant to A.R.S. § 8-533?


2 CA-JV 2007-0096 MARCO C. v. SEAN C. & COLLEEN C. Opinion Filed: 05/05/2008
Did the juvenile court abuse its discretion when it concluded that the consent of the appellant was not required for the appellees’ adoption of appellant’s purported biological child because appellant had failed to register timely with the putative father registry in accordance with A.R.S. § 8-106.01 and had not established circumstances set forth in that statute excusing a putative father from registering within thirty days of the child’s birth? Are A.R.S. §§ 8-106 and 8-106.01 generally unconstitutional?


2 CA-JV 2007-0071 MANUEL M. v. ADES, LEILA M., ALAYENA M. Opinion Filed: 03/25/2008
2 CA-JV 2007-0071 (2) Memorandum Decision Filed: 03/25/2008
In this parental severance case wherein the father failed to personally appear at a termination hearing and the trial court proceeded to adjudicate the state’s motion to terminate his parental rights, did the juvenile court abuse its discretion when it considered only documentary evidence, admitted without testimony, and denied the request of father’s counsel to examine adverse witnesses?


2 CA-JV 2007-0036 IN RE REYMUNDO F. Opinion Filed: 02/27/2008
Whether Rule 28(C)(7)(a), Ariz. R. P. Juv. Ct., compels the juvenile court to accept the minor’s admission to a delinquency petition immediately when the minor voluntarily admits the allegations at the advisory hearing.


2 CA-JV 2007-0014 IN RE MICHELLE G. Opinion Filed: 01/10/2008
Did the juvenile court abuse its discretion by awarding restitution to a victim over a year after the juvenile’s disposition hearing, when the disposition order did not address the victim’s right to restitution and, although the victim had timely submitted documentation of his restitution request to the prosecutor, the prosecutor failed to file a restitution claim on the victim’s behalf either before or at the disposition hearing?


2 CA-JV 2007-0029 JOHN M. v. ADES, SHANNON M. Opinion Filed: 12/21/2007
Does ineffective assistance of counsel justify reversal of a juvenile court’s order terminating parental rights and, if so, under what circumstances?


2 CA-JV 2006-0053 ADRIAN E. v. ADES, NAINOA E. Opinion Filed: 05/18/2007
If a parent fails to appear without good cause at a status conference in a termination of parental rights proceeding conducted pursuant to chapter 10, article 4 of title 8, A.R.S., may the juvenile court proceed to terminate the parent’s rights by default?


2 CA-JV 2006-0049 IN RE NATALIE Z. Opinion Filed: 03/23/2007
Are A.R.S. § 13-502(A) and (C), which set forth the legal test for insanity and assign a clear and convincing burden of proof to the person asserting a defense of guilty except insane, applicable to a delinquency proceeding when a juvenile asserts an insanity defense?


2 CA-JV 2005-0087 MARGARET H. v. ADES, DASANEE H. Opinion Filed: 12/21/2006
To what extent can a parent’s affidavit create issues of material fact precluding summary judgment in a proceeding to terminate parental rights on the grounds of chronic substance abuse, A.R.S. § 8-533(B)(3), and out-of-home placement for nine months or longer, 8-533(B)(6)(a)?


2 CA-JV 2005-0040 LINDSEY M. v. ADES, JOSE E., KENNETH E. Opinion Filed: 01/25/2006
1. Is a dependency disposition order entered pursuant to Rule 56(E), Ariz. R. P. Juv. Ct., a final, appealable order?

2. Is the parent of a dependent child an “aggrieved party” under A.R.S. § 8-235(A) who can appeal from a dependency disposition order, even if the parent is not a potential placement for the dependent child?


2 CA-JV 2005-0021 IN RE JEREMIAH T. Opinion Filed: 01/09/2006
Is the offense of assault by knowingly touching another person with the intent to injure, insult or provoke (A.R.S. § 13-1203(A)(3)), a lesser-included offense of assault by intentionally, knowingly or recklessly causing physical injury to another person (§ 13-1203(A)(1))?


2 CA-JV 2004-0095 JENNIFER G. v. ADES, DANIEL G., ALEXIS G. Opinion Filed: 11/29/2005
Did the juvenile court err in entering summary judgment in favor of the Arizona Department of Economic Security and terminating a mother’s parental rights on grounds of drug abuse and nine-month out-of-home placement when questions of fact material to both grounds could not be resolved without credibility determinations and weighing evidence?


2 CA-JV 2005-0001 IN RE GINA MANNY Opinion Filed: 10/18/2005
Did the legislature intend to permit juvenile courts to apply the general contempt sanctions in A.R.S. § 12-863 for the willful violation of a court order issued pursuant to A.R.S. § 8-234 when the latter statute contains a specific sanction provision of its own?


2 CA-JV 2004-0065 - 2 CA-JV 2004-0066 (consolidated) WILLIE G. & BONNIE H. v. ADES, NYCOLE G. Opinion Filed: 09/22/2005
1. Under the Uniform Child Custody Jurisdiction and Enforcement Act, is Arizona the home state of a child whose family was moving to another state when the state filed a dependency petition?

2. May a juvenile court deny parents’ request to appear telephonically at a dependency adjudication hearing if the parents have left Arizona voluntarily?


2 CA-JV 2004-0090 IN RE ILONO H. Opinion Filed: 06/17/2005
Whether an officer may conduct an investigatory stop of a minor under Terry v. Ohio solely because the minor and other individuals in the group are wearing clothing associated with gang members and in the absence of any reasonable suspicion that the individuals had committed or were about to commit a crime. • Whether an officer is authorized under Terry v. Ohio to conduct a pat-down search in the absence of any basis upon which to conduct an investigatory stop in the first instance. • Whether a pat-down search conducted as part of an otherwise consensual encounter, even when the officer may have grounds to believe the subjects of the encounter are potentially armed and dangerous, is constitutional under Terry v. Ohio.


2 CA-JV 2004-0022 LASHONDA M. v. ADES, ELIJAH M. Opinion Filed: 03/02/2005
Whether the juvenile court erred in refusing various jury instructions requested by appellant mother; whether the evidence sufficiently established diligence by the state in providing appropriate services to preserve the family; whether the juvenile court erred in admitting evidence of a recently located potential adoptive placement for the child; and whether the court properly denied the mother’s motion for new trial based on alleged juror misconduct.


2 CA-JV 2003-0075 - 2 CA-JV 2003-0076,2 CA-JV 2003-0077 (consolidated) ADES; CLARISSA O., SAVANNA O., TONY E. v. OSCAR O. Opinion Filed: 11/30/2004
When petitioners proved a statutory ground for severance and the availability of a suitable adoptive home, did the juvenile court err in denying a motion to terminate parental rights based on its finding that severance was not in the children’s best interests when no evidence in the record supports that finding?


2 CA-JV 2003-0045 IN RE THEMIKA M. Opinion Filed: 12/24/2003
Does a juvenile court have authority under Rules 31(D) and 32(E)(5), Ariz. R. P. Juv. Ct., to terminate a minor’s probation as unsuccessful?


Mental Health
2 CA-MH 2011-0011-SP IN RE THE COMMITMENT OF WILFREDO JARAMILLO Opinion Filed: 05/23/2012
Does the Sexually Violent Persons Act, A.R.S. §§ 36-3701 through 36-3717, authorize a trial court to order the Arizona Community Protection and Treatment Center to implement a specific treatment plan at the request of a person committed to treatment pursuant to that Act?


2 CA-MH 2011-0004 IN RE PIMA COUNTY MENTAL HEALTH NO. MH3079411 Opinion Filed: 11/30/2011
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?


2 CA-MH 2011-0003 IN RE PIMA COUNTY MENTAL HEALTH NO. MH20100047 Opinion Filed: 08/18/2011
(1) Did the trial court err in denying appellant’s motion to dismiss the Petition for Continued Treatment of a Persistently or Acutely Disabled Person filed by Community Partnership of Southern Arizona (CPSA) on the ground that appellant was examined less than thirty days before the prior treatment order expired, in violation of R9-21-506(A)(1), Ariz. Admin. Code? (2) Did the trial court err in denying appellant’s motion to dismiss CPSA’s petition and granting the petition on the ground that only one physician examined and evaluated him for purposes of determining whether he continued to require court-ordered treatment, as required by A.R.S. § 36-5434(E), when R9-21-506(B)(2)(c) requires two physicians?


2 CA-MH 2010-0004 IN RE PINAL COUNTY MENTAL HEALTH NO. MH201000076 Opinion Filed: 11/22/2010
Does the strict application of A.R.S. §§ 36-533(B), 36-539(B), and 36-501(14) conflict with Rules 702 and 703, Ariz. R. Evid., and violate the separation of powers doctrine?


2 CA-MH 2010-0001 IN RE PINAL COUNTY MENTAL HEALTH NO. MH-201000029 Opinion Filed: 10/06/2010
Did the two psychiatrists in this case comply with A.R.S. §§ 36-501(14), 36-533(B), and 36-539(B), which require that a proposed patient for court-ordered treatment receive a “complete physical examination” personally conducted by each evaluating physician, when their examinations were limited to interviewing the patient, reviewing his records, and observing his demeanor and physical presentation?


2 CA-MH 2007-0002-SP IN RE THE DETENTION OF WILFREDO JARAMILLO Opinion Filed: 01/25/2008
Whether evidence of prior acts is admissible in proceedings under Arizona’s sexually violent person statutes, A.R.S. §§ 36-3701 through 36-3717, if relevant to prove that the respondent has a mental disorder that makes it likely he will engage in future acts of sexual violence.


2 CA-MH 2005-0005-SP IN RE THE COMMITMENT OF ROBERT FLEMMING Opinion Filed: 02/21/2006
When a sexually violent person who has been civilly committed for treatment was later convicted of a crime and sentenced to prison, did the trial court err in staying the SVP proceedings rather than dismissing them?


2 CA-MH 2004-0005-SP IN RE COMMITMENT OF PAUL FRANKOVITCH Opinion Filed: 09/22/2005
1. Does a person found to be sexually violent under the former statutes which provided a right to a jury trial on a petition for release have a right to a jury trial under the current statutes? 2. Was a psychiatrist who had previously examined the sexually violent person an independent expert retained for testimonial purposes or a witness to the facts giving rise to the action? 3. May a sexually violent person challenge his original diagnosis at an annual review hearing?


2 CA-MH 2003-0004-SP COMMITMENT OF JERRY MICHAEL CONN Opinion Filed: 02/19/2004
In determining whether a person may be sexually violent for purposes of A.R.S. § 36-3702(A) of Arizona’s Sexually Violent Persons Act, may an evaluating expert consider offenses the person admitted in return for a promise of immunity from prosecution for those offenses?


2 CA-MH 2003-0002-SP COMMITMENT OF OLIN GENE TAYLOR Opinion Filed: 11/10/2003
Does the term “civil commitment proceedings” in A.R.S. § 36-3701(6)(b) include proceedings pursuant to Arizona’s Sexually Violent Persons Act?


Special Action
2 CA-SA 2014-0010 PINAL COUNTY BOARD OF SUPERVISORS v. GEORGINI and T.J. Opinion Filed: 09/18/2014
Whether the respondent judge abused his discretion in appointing the Pinal County Public Defender to represent an indigent party in a proceeding to restore her right to possess a firearm, held pursuant to A.R.S. § 13-925.


2 CA-SA 2014-0015 KEENAN REED-KALIHER v. STATE OF ARIZONA Opinion Filed: 07/25/2014
When the petitioner was on probation for possession of a narcotic drug for sale, did the trial court abuse its discretion in denying his motion to modify the terms of that probation to allow him to use marijuana pursuant to Arizona's Medical Marijuana Act?


2 CA-SA 2014-0008 ADES v. HON. K.C. STANFORD Opinion Filed: 05/05/2014
Did the trial court err in sua sponte initiating a proceeding for a permanent guardianship and subsequently allowing an intervening party to undertake such a proceeding when that party had not complied with the statutory requirements?


2 CA-SA 2013-0099 TUCSON UNIFIED SCHOOL DISTRICT v. GALLAGHER; CORUM Opinion Filed: 03/11/2014
Did the trial court err in denying defendant's motion for summary judgment in which defendant asserted it was immune to plaintiffs' claims pursuant to A.R.S. § 12-820.05 and that plaintiffs' A.R.S. § 12-821.01 notice of claim was insufficient?


2 CA-SA 2013-0078 GARY ABEYTA v. SIERRA TUCSON, INC. AND HEIDI SONNTAG Opinion Filed: 02/19/2014
2 CA-SA 2013-0078 (2) Memorandum Decision Filed: 02/19/2014
Did the trial court abuse its discretion in determining a third-party witness had waived the behavioral health professional-patient privilege and, on that basis, deny the witness’s motion for a protective order relating to his counseling records?


2 CA-SA 2013-0053 - 2 CA-HC 2013-0005 (consolidated) STEVEN LANE FULLER v. STATE OF ARIZONA Opinion Filed: 11/29/2013
1. Did the state violate the requirement in A.R.S. § 36-3706 that a person alleged to be an SVP must have a trial within 120 days?

2. If the requirement was violated, was Fuller sufficiently prejudiced by the violation to require dismissal of the SVP proceeding?


2 CA-SA 2013-0057 STATE OF ARIZONA v. DEBBIE LYNN COPELAND Opinion Filed: 09/30/2013
Did the respondent judge abuse her discretion in granting a motion to set aside a conviction for attempted aggravated assault, when A.R.S. § 13-907(D) precludes such relief for convictions “[i]nvolving a dangerous offense” as defined in A.R.S. § 13-105(13)?


2 CA-SA 2012-0070 ROOSEVELT ARTHUR WILLIAMS v. STATE OF ARIZONA Opinion Filed: 05/17/2013
After a hearing conducted in accordance with A.R.S. § 13-753(G), did the respondent judge err or abuse his discretion in ruling that Williams had failed to establish, by clear and convincing evidence, an intellectual disability that renders him ineligible for the death penalty in his pending prosecution for murder?


2 CA-SA 2013-0025 STATE OF ARIZONA v. JUSTIN JAMES CHASE Opinion Filed: 05/17/2013
Did the trial court err in ordering the grand jury to be instructed on two different legal theories as to how the presumption of medical use under the Arizona Medical Marijuana Act applies to protect cardholders from prosecution?


2 CA-SA 2013-0031 PATRICK WHILLOCK v. STATE OF ARIZONA Opinion Filed: 05/10/2013
Following petitioner’s criminal conviction in justice court, did the respondent judges err in refusing to permit petitioner to file an appellate memorandum pursuant to Rule 8(a), Ariz. Super. Ct. R. App. P.–Crim., after petitioner’s request for a trial de novo was denied?


2 CA-SA 2012-0076 CALISTO MARIKO WELLS v. STATE OF ARIZONA Opinion Filed: 02/28/2013
Did the trial court abuse its discretion in ordering a defendant to disclose to the state recordings of interviews with police witnesses, conducted without the prosecutor's knowledge, when he intended to use the material solely for impeachment?


2 CA-SA 2012-0067 CORNERSTONE HOSPITAL OF SOUTHEAST ARIZONA v. ERNEST H. BLACKBURN Opinion Filed: 12/07/2012
1. Did the respondent judge err as a matter of law and thereby abuse his discretion by finding A.R.S. § 12-2604, which prescribes the qualifications for standard-of-care experts in medical malpractice actions, does not apply to an action brought pursuant to the Adult Protective Services Act, A.R.S. §§ 46-451 through 46-459, that is based on allegations of medical negligence?

2. Did the respondent judge err by finding real party in interest’s designated standard-of-care expert, a registered nurse with various nursing degrees, qualified to testify about the standard of care for and conduct of registered nurses, licensed practical nurses, and certified nursing assistants involved in the care of real party in interest’s now-deceased wife at petitioner Cornerstone Hospital, a long-term acute care facility, but not qualified to provide similar testimony and opinions about purely administrative decisions made by Cornerstone’s administrative staff?


2 CA-SA 2012-0065 STATE OF ARIZONA v. TYLER B. Opinion Filed: 10/31/2012
Whether, in a delinquency proceeding for driving under the influence, the juvenile court abused its discretion in granting the juvenile’s motion to suppress the results of a blood test based on the Arizona Parents’ Bill of Rights and the voluntariness of the juvenile’s consent, notwithstanding Arizona’s implied consent statute.


2 CA-SA 2012-0060 ELIZABETH W. v. STATE OF ARIZONA Opinion Filed: 10/16/2012
Did the respondent judge have the authority to order a patient undergoing involuntary, court-ordered treatment to submit to drug testing when the patient admitted she had used marijuana in violation of her treatment plan?


2 CA-SA 2012-0044 MIKEL LO, M.D. and MIKEL W. LO, M.D, INC. v. MILLS Opinion Filed: 09/20/2012
In plaintiff’s medical malpractice action, did the respondent judge err in determining that plaintiff’s designated standard-of-care expert met the requirements of A.R.S. § 12-2604(A)(1)?


2 CA-SA 2012-0032 STATE OF ARIZONA v. JOEL AGUSTIN LOPEZ Opinion Filed: 07/25/2012
Did the trial court err in concluding defendant’s previous conviction for aggravated assault on a police officer was not, based on the elements of the offense, necessarily a violent crime and therefore that the defendant was eligible for probation under A.R.S. § 13-901.01?


2 CA-SA 2012-0025 SIERRA TUCSON; CRC HEALTH GROUP v. LOUISE LITWACK Opinion Filed: 06/28/2012
Did the respondent judge abuse his discretion in the underlying wrongful death action by granting the real party in interest leave to file a first-amended complaint adding a Pima County resident as a defendant after the defendants had filed an affidavit pursuant to A.R.S. § 12-404(A) requesting that the case be transferred to Pinal County, and real party in interest did not file a controverting affidavit within the five-day period prescribed by the statute?


2 CA-SA 2012-0006 SUSAN SCHEERER v. STATE OF ARIZONA Opinion Filed: 05/11/2012
In granting the state relief in its appeal from a sentence imposed on petitioner in justice court, did the respondent judge err by ordering that no credit be given against a jail term ordered on resentencing for any period of time appellant spent in an unauthorized home detention program as ordered by the justice court?


2 CA-SA 2012-0015 JOSEPH M. ARPAIO v. JENNIFER BRAILLARD Opinion Filed: 04/30/2012
Whether the trial court could require defendants against whom a claim for punitive damages had been made to produce financial information and provide it to their own attorneys before the plaintiff had established a prima facie case of liability for punitive damages.


2 CA-SA 2011-0091 THE SALVATION ARMY; KELLEY v. BENNETT Opinion Filed: 03/02/2012
Did the respondent judge abuse his discretion by ordering the corporate defendant in the underlying personal injury action to produce redacted summaries of investigative interviews conducted, at the direction of counsel, with its employees and volunteers who had been present at the scene of the accident, because the documents were protected by the attorney-client privilege, A.R.S. § 12-2234?


2 CA-SA 2011-0107 SOUTHWEST GAS CORPORATION; TAYLOR v. GRUBB Opinion Filed: 02/29/2012
Did the respondent judge err by concluding he lacked jurisdiction to conduct further proceedings in the underlying wrongful death action after the real party in interest filed a notice of appeal from the summary judgment entered in favor of one of multiple defendants and certified as final pursuant to Rule 54(b), Ariz. R. Civ. P.?


2 CA-SA 2011-0098 STATE OF ARIZONA v. JIMENEZ; LLINAS; MEDINA; ROGERS; SIRNIO; TANNER Opinion Filed: 02/16/2012
Did the respondent judge abuse his discretion by precluding the state from introducing the results of blood alcohol testing in a DUI case after the state failed to produce the results by the time of a rescheduled case management conference?


2 CA-SA 2011-0095 STAR PUBLISHING CO. v. STATE OF ARIZONA, TIMOTHY LYNN KREUS Opinion Filed: 01/27/2012
Did the respondent judge err in declining to a hold a hearing on the petitioner’s request made pursuant to Rule 122, Ariz. R. P. Sup. Ct., to permit photographic and electronic coverage of a trial, and did the respondent err in considering, as a basis for denying the request, that it had been filed two working days before the trial was scheduled to begin?


2 CA-SA 2011-0043 ALEX PAUL RASMUSSEN v. STATE OF ARIZONA Opinion Filed: 07/01/2011
May a trial court require a defendant placed on consecutive probation terms to serve, as a condition of probation, two consecutive, one-year jail terms at the beginning of the first probation term?


2 CA-SA 2011-0009 STATE OF ARIZONA v. MARK DWAYNE GANNON Opinion Filed: 03/31/2011
Whether a victim’s rights under Arizona’s Victim’s Bill of Rights terminate upon the defendant’s placement on probation.


2 CA-SA 2010-0091 JACOB T. OSTERKAMP v. STATE OF ARIZONA Opinion Filed: 02/25/2011
Does Rule 32.4(c), Ariz. R. Crim. P., give an indigent pleading defendant the right to appointed counsel in a second, timely filed post-conviction proceeding in which the defendant intends to investigate and possibly raise a claim that counsel who had represented the defendant in the first, of-right proceeding had been ineffective?


2 CA-SA 2010-0068 STATE OF ARIZONA v. JOHN DAVID FRANKLIN, SR. & JOHN DAVID FRANKLIN, JR. Opinion Filed: 01/13/2011
Did the respondent judge err in denying the state’s request under Arizona’s Victims’ Bill of Rights, Ariz. Const. art. II, § 2.1(VBR), for a protective order to prohibit the defendants in a civil forfeiture action and a parallel criminal proceeding from deposing in the forfeiture case named victims in the criminal case who had asserted their right under the VBR not to be deposed?


2 CA-SA 2010-0074 WILLIAM ALLEN LEAR v. STATE OF ARIZONA Opinion Filed: 01/12/2011
Does A.R.S. § 12-2203, which pertains to the admission of expert testimony, conflict with Rule 702, Ariz. R. Evid., and violate the separation of power doctrine, rendering it unconstitutional ?


2 CA-SA 2010-0056 - 2 CA-SA 2010-0063 (consolidated) STATE OF ARIZONA v. DANIEL OLIVERI; MICHAEL JOSEPH NELSON Opinion Filed: 01/07/2011
Does the Revised Arizona Jury Instruction (Criminal) 28.1383(A)(1)-1 correctly state the law in A.R.S. § 28-1381(A)(1)?


2 CA-SA 2010-0058 STATE OF ARIZONA v. ORLEANS P. ESTRELLA; JUAN CARLOS HOLGUIN Opinion Filed: 12/13/2010
Whether the respondent judges abused their discretion in precluding under Rule 901, Ariz. R. Evid., a witness whose voice identification testimony was based solely on familiarity with voice recordings of the defendants.


2 CA-SA 2010-0047 - 2 CA-SA 2010-0048 (consolidated) CAROL ANN POTTER; DEBRA JOY MERRYMAN v. STATE OF ARIZONA Opinion Filed: 10/05/2010
After criminal proceedings were transferred from justice court to the superior court pursuant to Rule 11.2(d), Ariz. R. Crim. P., did the respondent judge exceed her authority when she reviewed and rejected the justice court’s reasonable grounds findings pursuant to Rule 11.2(c), found the defendants competent to stand trial, and remanded the matters to the justice court for trial instead of appointing mental health experts to examine the defendants and conduct proceedings in accordance with Rule 11.3 and other provisions of the rule?


2 CA-SA 2010-0021 STATE OF ARIZONA v. ROBERT ARTHUR ERGONIS Opinion Filed: 06/14/2010
By excluding from its definition of a victim one who is “in custody for an offense,” does the Victims’ Bill of Rights in article II, § 2.1 of the Arizona Constitution deny victims’ rights only to inmates against whom an offense has been committed while the inmate victim is in custody, or does it also exclude victims of crimes who are later taken into custody for an unrelated offense?


2 CA-SA 2010-0008 PIMA COUNTY v. DOS PICOS LAND LIMITED PARTNERSHIP; SHEPARD, et ux. Opinion Filed: 04/20/2010
In an inverse condemnation action, did A.R.S. § 12-1127(B) require the county to satisfy the judgment in favor of plaintiffs, notwithstanding Rule 62(g), Ariz. R. Civ. P., while the county’s appeal from the judgment was pending?


2 CA-SA 2010-0016 ARIZONA CITY SANITARY DIST. v. PINAL COUNTY Opinion Filed: 04/16/2010
(1) After one unsuccessful recall election had already been held, when a political action committee sought a second election to recall the same public officials without paying the costs of the previous election as required by article VIII, part 1, § 5 of the Arizona Constitution and A.R.S. § 19-202(B), did the respondent judge abuse his discretion in ruling that the applicability of the repayment provisions depended on a legal determination that the first recall election had been valid? (2) Did the respondent judge abuse his discretion in finding that questions of fact regarding the validity of the previous election barred entry of summary judgment in the underlying action challenging the setting of the second recall election?


2 CA-SA 2009-0062 STATE OF ARIZONA v. ERICA LEA DAUGHTERS-WHITE, SEAN AARON JOHNSON, JOHN CLIFTON LIVINGSTON ... Opinion Filed: 10/27/2009
Did the respondent judge abuse her discretion in finding the real parties in interest, defendants in consolidated prosecutions for driving with a blood alcohol concentration of .08 or more, established a substantial need under Rule 15.1(g), Ariz. R. Crim. P., and Arizona case law, for the operating system software of the Intoxilyzer 8000 breath-testing equipment and in ordering petitioner State of Arizona to disclose the software to the defendants?


2 CA-SA 2009-0050 GROSVENOR HOLDINGS v. PINAL COUNTY Opinion Filed: 10/22/2009
Can parties contractually agree that disputes between them are to be resolved in a specified manner by a designated individual or body and that the only means of obtaining judicial review is pursuant to the Administrative Review Act, notwithstanding that the Act otherwise would not apply?


2 CA-SA 2009-0031 JOHN D. KAUFMANN v. STATE OF ARIZONA Opinion Filed: 09/17/2009
In the absence of statutory authority permitting awards of attorney fees in criminal proceedings, does a criminal trial court have the inherent authority to order defense counsel to pay the state’s attorney fees as a sanction for litigation conduct?


2 CA-SA 2009-0024 GERARDO LOPEZ v. STATE OF ARIZONA Opinion Filed: 06/30/2009
After having rejected the defendant’s proposed plea agreement in this case and having previously reviewed an unrelated presentence report about the defendant before sentencing him in an earlier case, did the respondent judge abuse his discretion in denying defendant’s motion for an automatic change of judge pursuant to Rule 17.4(g), Ariz. R. Crim. P.?


2 CA-SA 2009-0019 CARONDELET HEALTH NETWORK v. ATTEBERRY; NO; TRAVMED USA Opinion Filed: 06/12/2009
When plaintiff’s decedent shared a hospital room with a fellow patient who witnessed events material to plaintiff’s claims against the hospital and other defendants, did the trial court violate the witness’s physician-patient privilege by ordering the defendant hospital to disclose to plaintiff’s counsel, under seal, the name, address, and telephone number of the witness?


2 CA-SA 2009-0010 STATE OF ARIZONA v. LELAND FLORENCIO CROCKWELL Opinion Filed: 04/28/2009
1. Does Rule 17.4(f), Ariz. R. Crim. P., and/or Rule 410, Ariz. R. Evid., apply to statements a criminal defendant makes to law enforcement in accordance with a cooperation provision in a plea agreement that the state withdraws when the defendant breaches the agreement by making untruthful statements? Did the respondent judge abuse his discretion by prohibiting the state from introducing these statements for all but impeachment purposes? 2. Can a defendant waive the protections of Rule 17.4(f), Ariz. R. Crim. P., and Rule 410, Ariz. R. Evid., and agree the state may use against him statements he made in anticipation of, in connection with, and prior to entering into a plea agreement that is later withdrawn based on the defendant’s breach of the agreement?

3. If a defendant can waive the protection of Rule 17.4(f) and Rule 410 for statements made in connection with a breached plea agreement, did the defendant waive those protections here and did the respondent judge abuse his discretion by prohibiting the state from introducing these statements for all but impeachment purposes?


2 CA-SA 2008-0078 STATE OF ARIZONA v. DAUGHTERS-WHITE Opinion Filed: 04/07/2009
Whether the respondent judge abused her discretion in ordering the state to produce the software configuration code for the Intoxilyzer 8000, the breath testing equipment used by the Tucson Police Department, to defendants charged with driving with an alcohol concentration of .08 or more, after finding the configuration code was not in the possession of the state or any person under the state’s direction or control.


2 CA-SA 2008-0011 - 2 CA-SA 2008-0021 (consolidated) STATE OF ARIZONA v. SCOTT DOUGLAS NORDSTROM Opinion Filed: 09/03/2008
May a defendant convicted of multiple first-degree felony murders introduce alibi evidence during the aggravation phase of capital sentencing proceedings conducted before a newly empaneled jury when that evidence is offered to rebut the state’s proof of the defendant’s involvement in the murders and/or underlying felonies for purposes of satisfying the requirements of Enmund v. Forida, 458 U.S. 782 (1982), and Tison v. Arizona, 481 U.S. 137 (1987)?


2 CA-SA 2007-0085 DIANA H. v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY Opinion Filed: 11/21/2007
Whether a parent whose child has been adjudicated dependent pursuant to A.R.S. §§ 8-841 through 8-844 has a residual parental right pursuant to A.R.S. § 8-531(5)(c) to exempt the child from immunization for religious reasons.


2 CA-SA 2007-0067 THE STATE OF ARIZONA v. ANGELA EDWARDS FRYE Opinion Filed: 09/07/2007
Did the respondent judge abuse his discretion by entertaining the defendant’s challenge to the grand jury proceeding, brought more than two years after the grand jury transcript and minutes were filed, well past the time limits in Rule 12.9(b), Ariz. R. Crim. P., and by remanding the case for a new finding of probable cause?


2 CA-SA 2007-0054 IN RE ANDREW G. Opinion Filed: 08/09/2007
When a juvenile is on probation, does the filing of a subsequent delinquency petition automatically extend the period of the original probation beyond the date it otherwise would have expired?


2 CA-SA 2007-0012 SCOTT DOUGLAS NORDSTROM v. STATE OF ARIZONA Opinion Filed: 04/19/2007
When a defendant has peremptorily removed a judge from the case pursuant to Rule 10.2, Ariz. R. Crim. P., 16A A.R.S., and that judge is later appointed as presiding judge of the court, may that judge, in his role as presiding judge, thereafter rule on the merits of the defendant’s subsequent motion for change of another judge for cause pursuant to Rule 10.1, Ariz. R. Crim. P.?


2 CA-SA 2006-0101 GRACE HOWARD ALLEN v. ADES and T.S.A. Opinion Filed: 02/08/2007
Did the respondent judge abuse his discretion in denying a maternal aunt’s motion to intervene in the juvenile’s dependency proceeding?


2 CA-SA 2006-0083 STATE OF ARIZONA v. CORDOVA Opinion Filed: 12/27/2006
2 CA-SA 2006-0083 State v. Campoy; Cordova Issue Statement

Did the trial court err by precluding the state’s witness in a DUI trial from using certain words and terms to describe the defendant's performance on field sobriety tests?


2 CA-SA 2006-0085 EDWARD P. BOLDING v. STATE OF ARIZONA Opinion Filed: 12/19/2006
May a criminal defendant use the procedures available under Rule of Criminal Procedure 10.2 to peremptorily disqualify a judge to whom a single issue in a case was assigned, but who was not the judge assigned the overall responsibility for the case?


2 CA-SA 2006-0075 SMITH v. SMITH Opinion Filed: 12/07/2006
Was the petitioner entitled to a peremptory change of judge pursuant to Rule 42(f)(1)(E), Ariz. R. Civ. P. after this court reversed the trial court’s erroneous division of marital property and remanded the matter for a new determination of law and fact under the correct legal standard?


2 CA-SA 2006-0067 - 2 CA-SA 2006-0078 (consolidated) OLIN GENE TAYLOR, JOHN ADRIAN JOHNSON v. STATE OF ARIZONA Opinion Filed: 11/30/2006
Did the criminal limitation period in effect between 1978 and 1997 begin to run on the date the state knew or should have known an offense had been committed or on the date the state knew or should have known the identity of the alleged perpetrator of the offense?


2 CA-SA 2006-0070 YARBROUGH v. ROBERTS ENTERPRISES, DeWITT, AVATOR HOLDINGS Opinion Filed: 11/06/2006
When a party is entitled to a change of venue pursuant to A.R.S. § 12-408, does A.R.S. § 12-407(A) or A.R.S. § 12-411(B) apply in determining the county to which venue should be changed?


2 CA-SA 2006-0062 GREEN v. GREEN Opinion Filed: 09/28/2006
In a dissolution of marriage action, did the trial court err in compelling production of an expert’s file after he testified on issues pendente lite, even though the parties had since stipulated to resolution of those issues, and the party who retained the expert had withdrawn him as a trial witness and agreed to not use or rely on his testimony in any further proceeding?


2 CA-SA 2006-0056 SCOTT DOUGLAS NORDSTROM v. STATE OF ARIZONA Opinion Filed: 09/14/2006
Is a defendant ordered by the supreme court to be resentenced pursuant to A.R.S. §§ 13-703 and 13-703.01 entitled to a full sentencing hearing in accordance with those statutes or only to have the jury weigh the evidence in mitigation against aggravating circumstances it must assume exist?


2 CA-SA 2006-0040 DAVID GARCIA v. STATE OF ARIZONA Opinion Filed: 09/05/2006
Does A.R.S. § 13-205, as amended in April 2006 to “immediately” shift the burden of proof to the state as to justification defenses, apply to defendants who allegedly committed offenses before the effective date of the amendment but whose cases have not yet gone to trial?


2 CA-SA 2006-0048 - 2 CA-SA 2006-0055 (consolidated) DENISE S., CARLOS C. v. STATE OF ARIZONA Opinion Filed: 08/16/2006
When does a juvenile have notice that a delinquency case has been assigned to a particular judge and that the five-day period for filing a notice of change of judge under the juvenile rules has begun?


2 CA-SA 2006-0006 SONORAN DESERT INVESTIGATIONS, INC. v. HERNANDEZ Opinion Filed: 06/02/2006
Does the nonliability provision of A.R.S. § 12-712(B) violate article XVIII, § 5 of the Arizona Constitution, which requires that the defense of contributory negligence or assumption of the risk be a question of fact left to the jury?


2 CA-SA 2005-0080 ROUBOS v. CITY OF TUCSON Opinion Filed: 04/28/2006
Is a party who successfully defends against a city’s civil infraction action alleging the party violated a city ordinance entitled to attorney fees pursuant to A.R.S. § 12-348?


2 CA-SA 2005-0085 CALLAN, MIRANDA, AZUELO... v. PIMBER Opinion Filed: 03/22/2006
1. Did the trial court err in denying summary judgment in favor of the City of Tucson and individual police defendants on the plaintiff police officer’s lawsuit for injuries sustained during a joint police operation?

2. Does the Workers’ Compensation Act and an intergovernmental agreement between the police agencies involved divest the superior court of jurisdiction over the plaintiffs’ negligence and willful misconduct action?

3. What effect does the failure by the parties to the intergovernmental agreement to post the notice required by A.R.S. § 23-1022(E) of the Workers’ Compensation Act have on the viability of the lawsuit?


2 CA-SA 2005-0102 FRED MILLER M.D., et ux. v. LUZ BARRERA, MUTUAL INSURANCE CO Opinion Filed: 01/30/2006
Did the trial court abuse its discretion by compelling the defendant in a wrongful death action based on medical malpractice to disclose the amounts paid in settlement of previous medical malpractice actions brought against the defendant?


2 CA-SA 2005-0072 NIKONT v. STATE OF ARIZONA Opinion Filed: 11/02/2005
Is a defendant who has been granted a resentencing because of a violation of the holding in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), entitled to a change of judge as a matter of right under Rule 10.2, Ariz. R. Crim. P.?


2 CA-SA 2005-0011 STATE OF ARIZONA v. JONATHAN McMULLEN Opinion Filed: 06/22/2005
1. By waiving generally his right to a jury trial pursuant to a plea agreement, did the defendant waive his right to a jury trial established in Blakely v. Washington on the alleged aggravating circumstances for sentencing purposes?

2. Were the defendant’s statements, made at the change-of-plea hearing to establish a factual basis for the plea but pertaining to matters beyond what was necessary to establish the elements of reckless manslaughter, admissions for purposes of Blakely? And by making those statements, did the defendant waive the right to have a jury determine the facts underlying the alleged aggravating circumstances?


2 CA-SA 2005-0018 STATE OF ARIZONA v. SEYMOUR JAMEEL ABDULLAH Opinion Filed: 05/25/2005
In a prosecution for possession of a deadly weapon by a prohibited possessor under A.R.S. § 13-3102(A)(4), who bears the burden, under A.R.S. § 13-3101(A)(6)(b), of proving whether the defendant’s right to possess or carry a gun or firearm has or has not been restored?


2 CA-SA 2005-0001 RENEE ANTONIO FRAGOSO v. THE STATE OF ARIZONA Opinion Filed: 05/10/2005
Does a trial court’s imposition of “cash-only” bail as a condition of a defendant’s pretrial release violate Arizona’s pertinent criminal rules or statute, Rules 7.1 and 7.3, Ariz. R. Crim. P.; A.R.S. § 13-3967; or the constitutional right to bail “by sufficient sureties,” Ariz. Const. art. II, § 22(A)?


2 CA-SA 2004-0057 STATE OF ARIZONA v. HON. HOWARD FELL; EDWARD JOHN SANDERS Opinion Filed: 09/23/2004
1. Is A.R.S. § 13-703.01(Q) retroactively applicable to a non-capital murder defendant whose offense was committed before the effective date of the statute?

2. Does the United States Supreme Court’s decision in Blakely v. Washington apply to a non-capital first-degree murder case, entitling the defendant to have a jury find the existence of aggravating factors beyond a reasonable doubt before the defendant may be sentenced to a prison term of natural life, rather than life with the possibility of parole?


2 CA-SA 2004-0017 DARREN CLAY MEDDERS v. THE STATE OF ARIZONA Opinion Filed: 06/04/2004
SA 2004-0017 Issue Statement

Does a criminal defendant who appears at a contested hearing before a judge who hears that matter only but is not assigned to the case waive the right to a peremptory change of judge, pursuant to Rule 10.2, Ariz. R. Crim. P., 16A A.R.S., when the case is later reassigned to that judge for trial?


2 CA-SA 2003-0107 - 2 CA-SA 2003-0108 (consolidated) CHARTONE, INC. v. MERCALDO, LTD.; WEBB, PC.; DURAZZO & ECKEL; SMART PROFESSIONAL Opinion Filed: 02/06/2004
1. Absent an agreement by the parties, do article VI, § 24 of the Arizona Constitution and Rule 53, Ariz. R. Civ. P., 16 A.R.S., Pt. 1, authorize a trial judge to appoint a special master to calculate the plaintiffs’ damages after a jury had found the defendants liable? 2. Did the trial court violate the defendants’ rights to a jury trial by vacating the damages phase of a bifurcated trial and appointing a special master to calculate the plaintiffs’ damages?


2 CA-SA 2003-0101 THE STATE OF ARIZONA v. AMY LOU HENDERSON Opinion Filed: 12/23/2003
Do A.R.S. § 28-1383(D) and Rule 7.2(b)(1), Ariz. R. Crim. P., require immediate incarceration of a defendant upon a jury’s verdict of guilt on aggravated DUI?


2 CA-SA 2003-0067 TANQUE VERDE UNIFIED SCHOOL DISTRICT NO. 13 OF PIMA COUNTY v. TANQUE VERDE COALITION, INC., et. al. Opinion Filed: 09/23/2003
1. Did the school district board violate the open meeting laws by conducting a site selection process in executive session? 2. Did the board timely ratify its vote selecting a site on which to build a new school at a meeting held within thirty days after the trial judge ruled the board had violated the open meeting laws but more than a year after its original vote? 3. May school districts use School Facilities Board funds to pay severance damages in eminent domain actions to condemn sites on which to build new schools?


2 CA-SA 2003-0053 - 2 CA-SA 2003-0054,2 CA-SA 2003-0055,2 CA-SA 2003-0060 (consolidated) JENNIFER L. BERGERON v. HON. COLIN CAMPBELL Opinion Filed: 08/21/2003
When a party seeks a change of judge as a matter of right pursuant to Rule 10.2, Ariz. R. Crim. P., 16A A.R.S., may that judge or any other judge conduct an inquiry to determine whether the party has sought the change for an improper purpose, or must the case be assigned to a different judge upon compliance with the rule?


2 CA-SA 2003-0026 STATE v. HANTMAN; RIEDEL Opinion Filed: 04/01/2003
When misdemeanor criminal charges are filed, dismissed without prejudice, and refiled within the limitations period, then dismissed without prejudice again after the limitations period has expired, may the state refile the charges within six months of the second dismissal pursuant to A.R.S. § 13-107(G)?


2 CA-SA 2003-0008 - 2 CA-SA 2003-0015 (consolidated) JEREMY SEAN O'BRIEN v. THE STATE OF ARIZONA Opinion Filed: 03/24/2003
1. Does A.R.S. § 13-901.01(E), as amended by Proposition 302 in November 2002, apply retroactively to Proposition 200 probationers who committed offenses before the amended statute took effect?

2. Does the holding in State v. Estrada, 201 Ariz. 247, 34 P.3d 356 (2001), that Proposition 200 applies to drug paraphernalia offenses, apply to persons who committed offenses before Estrada was decided?


2 CA-SA 2002-0107 ALTHAUS V. PENN-AMERICA INS. CO. Opinion Filed: 12/12/2002
Does the “final judgment accrual rule” apply in determining the date the statute of limitations period begins in a legal malpractice action when the underlying case was settled?


2 CA-SA 2002-0046 QWEST CORPORATION V. MARK MCMAHON Opinion Filed: 10/24/2002
ISSUES: What is the scope of the exclusive jurisdiction of the Corporation Commission and are claims for consumer fraud and negligent misrepresentation, brought in superior court, barred under the “filed rate doctrine?”


2 CA-SA 2002-0067 STATE OF ARIZONA v. AMIEL PROTO Opinion Filed: 10/10/2002
ISSUE: Does the Victims’ Bill of Rights, Ariz. Const. art. II, § 2.1, entitle alleged victims of a defendant in an unrelated prosecution to decline to be interviewed by the defense in connection with that prosecution?


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