Biggs v. Betlach
Date: November 17, 2017
Justia Opinion Summary: The Supreme Court rejected a constitutional challenge to the provision in Ariz. Rev. Stat. 36-2901.08(A) that the director of Arizona’s indigent health care program, Arizona Health Care Cost Containment System (AHCCCS),...
State v. Rushing
Date: November 6, 2017
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for first degree murder but vacated his death sentence and remanded for a new penalty phase proceeding in order to comply with the United States Supreme Court’s decision...
Samiuddin v. Honorable Richard Nothwehr
Date: November 2, 2017
Justia Opinion Summary: In this criminal case, Petitioner, who was charged with sex offenses and released with several pretrial release conditions, argued that the conditions were improper. The Supreme Court held (1) the Arizona Constitution, s...
Spring v. Bradford
Date: October 23, 2017
Justia Opinion Summary: At issue in this medical malpractice action was Ariz. R. Evid. 615 and the proper remedy for technical Rule 615 violations. Rule 615 generally provides that a trial court, at a party’s request, must order witnesses exclu...
Rasor v. Northwest Hospital, LLC
Date: October 18, 2017
Justia Opinion Summary: In a medical malpractice action, a defendant may move for summary judgment based on a proposed expert’s lack of required qualifications under Ariz. Rev. Stat. 12-2604 without first challenging the sufficiency of the expe...
State v. Burbey
Date: October 13, 2017
Justia Opinion Summary: Only the second requirement of Ariz. Rev. Stat. 13-3822(A) that registered sex offenders must “register as a transient not less than every ninety days” if the person “does not have an address or a permanent place of resi...
Wright v. Honorable Pamela Gates
Date: October 4, 2017
Justia Opinion Summary: Enhanced sentences may not be imposed under the dangerous crimes against children (DCAC) statute when a defendant commits a crime against a fictitious child.
Defendant pleaded guilty to two counts of solicitation to co...
Frank R. v. Mother Goose Adoptions
Date: October 2, 2017
Justia Opinion Summary: Failure to register with the Arizona putative fathers registry is a statutory ground for severing a father’s parental rights, and putative fathers must comply with Ariz. Rev. Stat. 8-106.01 to avoid severance pursuant to...
Fitzgerald v. Honorable Sam Myers
Date: September 26, 2017
Justia Opinion Summary: Neither Ariz. Rev. Stat. 13-4041(B) nor Ariz. R. Crim. P. 32.5 requires a trial court to determine whether an Ariz. R. Crim. P. 32 petitioner is competent before proceeding and ruling on a state post-conviction relief (P...
Marianne N. v. Department of Child Safety
Date: September 25, 2017
Justia Opinion Summary: Applying Ariz. R. Juv. Ct. P. 64(C) in pretrial proceedings does not conflict with Ariz. Rev. Stat. 8-863(C) in violation of the separation of powers required by Ariz. Const. art. III.
After the juvenile court terminat...
Flynn v. Campbell
Date: September 22, 2017
Justia Opinion Summary: Under Ariz. R. Civ. P. 15(c), an amended complaint naming a new defendant relates back to the original complaint if the newly added defendant knew or should have known the plaintiff mistakenly failed to name him or her a...