State v. Urrea
Date: July 11, 2018
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for transportation of a narcotic drug for sale, holding that the trial court’s remedy for a Batson violation of reinstating wrongfully excluded jurors to the venire was p...
Kopp v. Physician Group of Arizona, Inc.
Date: July 9, 2018
Justia Opinion Summary: In this medical malpractice action, the Supreme Court held that a stipulated dismissal with prejudice of an agent-surgeon does not preclude a party from asserting a claim against the surgeon’s principal for its own indep...
DENNIS TEUFEL v AMERICAN FAMILY/KERRY HANSON
Date: June 14, 2018
Teufel v. American Family Mutual Insurance Co.
Date: June 14, 2018
Justia Opinion Summary: A policy exclusion for personal liability “under any contract or agreement” does not apply to relieve an insurer of its duty to defend its insured, an alleged builder-vendor, against a claim for negligent excavation brou...
Friedman v. Roels
Date: June 8, 2018
Justia Opinion Summary: When two legal parents disagree about whether visitation is in their child’s best interests, both parents’ opinions are entitled to special weight under Ariz. Rev. Stat. 25-409(E). However, neither parent is entitled to...
State v. Honorable Kevin Wein
Date: May 25, 2018
Justia Opinion Summary: Ariz. Const. art. II, 22(A)(1) and Ariz. Rev. Stat. 13-3961(A)(2), on their face, violate the Fourteenth Amendment’s Due Process Clause because the provisions categorically prohibit bail without regard for individual cir...
BSI Holdings LLC v. Arizona Department of Transportation
Date: May 24, 2018
Justia Opinion Summary: At issue was the meaning of the term “day” as used in Ariz. Rev. Stat. 28-8336, which establishes a license tax for “a nonresident whose aircraft is based in this state for more than ninety days but less than two hundred...
State v. Maestas
Date: May 23, 2018
Justia Opinion Summary: Ariz. Rev. Stat. 15-108(A), which makes it unlawful for a person, including a qualified Arizona Medical Marijuana Act (AMMA) cardholder, to possess or use marijuana on the campus of any public university, college, commun...
State v. Hernandez
Date: May 18, 2018
Justia Opinion Summary: Defendant’s rights under the Fourth Amendment to the United States Constitution and article 2, section 8 of the Arizona Constitution were not violated when law enforcement officers followed Defendant’s vehicle onto a pri...
Quiroz v. Alcoa Inc.
Date: May 11, 2018
Justia Opinion Summary: An employer who used asbestos materials in its workplace before 1970 has no duty to protect the public from so-called secondary asbestos exposure, which is off-site contact with employees who may have been carrying asbes...
Moreno v. Honorable Nicole Brickner
Date: May 2, 2018
Justia Opinion Summary: On its face, Ariz. Const. art. II, 22(A)(2), the so-called On-Release provision, satisfies heightened scrutiny under the Due Process Clause of the Fourteenth Amendment.
The On-Release provision precludes bail for felon...
State ex rel. Attorney General v. Maricopa County Community College District Board
Date: May 1, 2018
Justia Opinion Summary: Students granted deferred removal action by the United States Department of Homeland Security (DHS) under its Deferred Action for Childhood Arrivals (DACA) policy are not eligible for in-state college tuition in Arizona....
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...