Gonzalez v. Nguyen
Date: April 12, 2018
Justia Opinion Summary: A defendant need not submit additional evidence outside the existing record to establish a “meritorious defense” in a motion to set aside a default judgment under Ariz. R. Civ. P. 60(c) (now 60(b)), and a trial court has...
State v. Miles
Date: April 10, 2018
Justia Opinion Summary: Under Tison v. Arizona, 481 U.S. 137, 158 (1987), in determining if a defendant acted with “reckless indifference to human life” while he was a major participant in a felony, thus making him eligible for the death penalt...
State v. Winegardner
Date: March 26, 2018
Justia Opinion Summary: Pursuant to Ariz. R. Evid. 609(a)(2), evidence of a shoplifting conviction is admissible to impeach a witness only when the court can readily determine that the conviction turned on proof of a dishonest act or false stat...
SolarCity Corp. v. Arizona Department of Revenue
Date: March 16, 2018
Justia Opinion Summary: The Arizona Department of Revenue (ADOR) is not authorized to value solar panels owned by SolarCity Corporation and Sunrun, Inc. (collectively, Taxpayers) and leased to residential and commercial property owners.
State v. Carson
Date: February 27, 2018
Justia Opinion Summary: The Supreme Court disavowed the approach of the state’s courts prohibiting a defendant from simultaneously claiming self-defense and asserting a misidentification defense, holding that if some evidence supports a finding...
Butler Law Firm, PLC v. Honorable Robert J. Higgins
Date: February 22, 2018
Justia Opinion Summary: The Superior Court of Navajo County erred when it denied Defendants’ motion for change of venue in this legal malpractice action filed by a Hospital located in Navajo County against a professional limited liability compa...
State v. Honorable Pamela S. Gates
Date: February 16, 2018
Justia Opinion Summary: At issue was the procedure for evaluating a capital defendant’s intellectual disability (ID) status before trial.
Ariz. Rev. Stat. 13-753(B) provides that the trial court shall order a pretrial ID evaluation in every c...
Brenda D. v. Department of Child Safety, Z.D.
Date: February 9, 2018
Justia Opinion Summary: At issue in this termination of parental rights proceeding was the procedure a juvenile court must follow if a parent fails to timely appear for a scheduled and duly-notice termination adjudication hearing. The Supreme C...
KnightBrook Insurance Co. v. Payless Car Rental System Inc.
Date: February 8, 2018
Justia Opinion Summary: Arizona equitable indemnity law does not incorporate the Restatement (First) of Restitution section 78 because it conflicts with Arizona’s general equitable indemnity principles.
Michael Bovre rented a vehicle from Payl...
State v. Francis
Date: February 5, 2018
Justia Opinion Summary: When a defendant possesses an item that is statutorily defined contraband, the State need prove only that the defendant knowingly possessed the item, not that the defendant knew it was contraband, to convict the defendan...
Taylor v. Pandola
Date: January 26, 2018
Justia Opinion Summary: Arizona’s Uniform Interstate Family Support Act (AUIFSA), by its terms, allows an obligee to contest an obligor’s statement of child support arrears notwithstanding the obligee’s failure to request a hearing within twent...
Legacy Foundation Action Fund v. Citizens Clean Elections Commission
Date: January 25, 2018
Justia Opinion Summary: Ariz. Rev. Stat. 16-957(B)’s fourteen-day time limit for an appeal of a Citizens Clean Elections Commission penalty decision applies when the appellant challenges the Commission’s personal and subject-matter jurisdiction...
State v. Hulsey
Date: January 18, 2018
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court convicting Defendant of the first degree murder of an on duty police officer and attempted first degree murder of another on duty peace officer but vacated Defen...
Zubia v. Shapiro
Date: January 12, 2018
Justia Opinion Summary: A homeowner’s failure to obtain injunctive relief under Ariz. Rev. Stat. 33-811(C) before a trustee’s sale results in the waiver of the homeowner’s damages claims dependent on the validity of the sale.
After a trustee’...
Arizona v. Jean
Date: January 3, 2018
Justia Opinion Summary: The Arizona Supreme Court affirmed the denial of defendant's motion to suppress and defendant's drug-related convictions and sentences. The court held that defendant was subjected to a warrantless search that violated hi...