Arizona Supreme Court Decisions 2014
Date: December 31, 2014
Docket Number: CV-14-0029
Justia Opinion Summary: Loop 101, LLC (“Loop”) borrowed money from MidFirst Bank to construct an office building. The promissory note was secured by a deed of trust, and four individuals guaranteed payment. The note, deed of trust, and…
Date: December 31, 2014
Docket Number: CV-14-0132
Justia Opinion Summary: After HB 2010 was introduced by the legislature to expand Arizona’s indigent healthcare program, the question arose whether the legislature must pass the act by a supermajority vote. The legislative decided, by majority…
Date: December 30, 2014
Docket Number: CR-14-0063
Justia Opinion Summary: In 2007, Defendant was convicted for possession of methamphetamine for sale. Defendant filed a notice of post-conviction relief (PCR), but the trial court dismissed the proceeding after Defendant’s new attorney failed to…
Date: December 18, 2014
Docket Number: CR-13-0158
Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree felony murder, attempted first-degree murder, first-degree burglary, and three counts of aggravated assault. The trial court sentenced Defendant to death for…
Date: November 19, 2014
Docket Number: CV-13-0351
Justia Opinion Summary: Orca Communications Unlimited, LLC filed this action against Ann Noder, its former president, and the competing company Noder started after she left Orca, asserting common law tort clams based on alleged misappropriation…
Date: November 14, 2014
Docket Number: CV-14-0240
Justia Opinion Summary: In August, 2014, Elizabeth Joice filed a nomination paper with the Maricopa County Education Service Agency (“Agency”) announcing her intent to run for a vacant term of the Peoria Unified School District Governing Board.…
Date: October 30, 2014
Docket Number: CV-14-0208
Justia Opinion Summary: In 2010, the Arizona legislature amended Ariz. Rev. Stat. 15-1441(I) to require the election of two at-large members to the governing board of community colleges located in very populous counties. Plaintiffs filed a…
Date: October 27, 2014
Docket Number: CV-14-0085
Justia Opinion Summary: Daughter accused Stepfather of sexual abuse. Because Daughter was a minor at the time of the accusation, Mother asserted victims’ rights on her behalf. Before trial, Daughter turned eighteen. Stepfather then filed a…
Date: October 1, 2014
Docket Number: CV-14-0093
Justia Opinion Summary: An insurer refused to defend its insured against a third party’s tort claims. The third party, standing in the insureds’ shoes, brought a declaratory judgment action against the insurer for indemnification and failure to…
Date: September 3, 2014
Docket Number: CR-13-0292
Justia Opinion Summary: The Supreme Court granted review in this case to resolve the conflict between Ariz. Rev. Stat. 13-116, which requires that concurrent sentences be imposed on a defendant whose convictions stem from a single act, and…
Date: August 26, 2014
Docket Number: CV-13-0378
Justia Opinion Summary: Developer obtained a loan from Bank to construct a commercial and condominium project. Bank secured its loan with two deeds of trust, the first of which attached before construction began on the project. Developer failed…
Date: August 20, 2014
Docket Number: CR-13-0379
Justia Opinion Summary: While executing a warrant authorizing the search of a home, police found Defendant, who was not named in the warrant, in the home. Police proceeded to search Defendant’s purse. Defendant was subsequently charged with…
Date: August 11, 2014
Docket Number: CR-13-0377
Justia Opinion Summary: Defendant assaulted a victim with a knife or other sharp object, injuring the victim’s hand, leg, and abdomen. A jury found Defendant guilty of three counts of aggravated assault, one for each wound. Defendant was…
Date: August 7, 2014
Docket Number: CR-13-0306
Justia Opinion Summary: After a police officers had a consensual encounter with Defendant, they asked Defendant if he had any firearms. Defendant replied that he had a gun. The officers then frisked Defendant, removed the gun, and arrested…
Date: July 29, 2014
Docket Number: CV-14-0180
Justia Opinion Summary: Dan Shooter filed a petition seeking to remove Toby Farmer’s name from the primary ballot for the office of State Senator for Legislative District 13 on the grounds that seven of the signatures on two of Farmer’s…
Date: July 29, 2014
Docket Number: CV-14-0182
Justia Opinion Summary: Doug Clark, the incumbent Constable for the Downtown Justice of the Peace Precinct of Maricopa County, challenged the sufficiency of Jimmy Munoz Jr.’s nominating petitions. The trial court removed Munoz’s name from the…
Date: July 18, 2014
Docket Number: CR-13-0388
Justia Opinion Summary: Defendant was tried for three counts of child molestation. At trial, Defendant requested a Willits instruction regarding the destruction of of Tuscon Police Department and Child Protective Services recordings of an…
Date: July 14, 2014
Docket Number: CV-13-0169
Justia Opinion Summary: At issue in this case was whether a juvenile court can delegate discretion to the Arizona Department of Economic Security (ADES) to return a dependent child to his or her parents without first determining that return is…
Date: July 11, 2014
Docket Number: CV-13-0302
Justia Opinion Summary: Plaintiff filed a personal injury suit against Defendant, BCI Coca-Cola Bottling Co. BCI rejected Plaintiff’s offer of judgment to settle, and the case proceeded to trial. The jury rendered a verdict for Plaintiff and…
Date: June 30, 2014
Docket Number: CV-13-0272
Justia Opinion Summary: Two estates filed separate wrongful death actions against two acute care hospitals alleging violations of Arizona’s Adult Protective Services Act (APSA). The trial court granted summary judgment for the hospitals,…
Date: June 13, 2014
Docket Number: CV-13-0350
Justia Opinion Summary: Appellant was placed on probation. Appellant’s appointed counsel filed a notice of appeal. The Office of the Public Defender assigned the case to an attorney. Appellant informed the trial court, as well as her attorney,…
Date: May 29, 2014
Docket Number: CR-13-0244
Justia Opinion Summary: Defendant was indicted on multiple counts of child molestation and sexual conduct with a minor under age fifteen, and the case proceeded to trial. An expert witness for the State testified during trial, explaining in…
Date: May 4, 2014
Docket Number: CV-13-0268
Justia Opinion Summary: At issue in this case was an abandoned easement on property that DOS Land Holdings, LLC purchased. The closing documents omitted the easement from the property’s legal description. DOS filed claims for breach of contract…
Date: April 22, 2014
Docket Number: CV-13-0056
Justia Opinion Summary: After field sobriety tests revealed that Defendant had Carboxy-Tetrahydrocannobinol (“Carboxy-THC”) in his blood while driving, the State charged Defendant with violating Ariz. Rev. Stat. 28-1381(A)(3), which prohibits…
Date: April 17, 2014
Docket Number: CV-13-0181
Justia Opinion Summary: In 2006, the City of Phoenix started installing light rail tracks along Jefferson Street, which abutted Appellant’s property. As part of the installation, the City erected a permanent concrete barrier between the tracks…
Date: April 17, 2014
Docket Number: CV-13-0279
Justia Opinion Summary: In 2006, Wife and Husband divorced. In 2011, the superior court conducted a hearing on the parties’ post-decree petitions. Prior to the hearing, Wife filed a petition seeking reimbursement for certain 2010-11 expenses…
Date: April 9, 2014
Docket Number: CR-13-0201
Justia Opinion Summary: At issue in this case was when “entry” occurs under Ariz. R. Crim. P. 31.3, which requires that a notice of appeal be filed within twenty days after the “entry” of judgment and sentence. After a jury trial, Defendant was…
Date: April 2, 2014
Docket Number: CV-13-0341
Justia Opinion Summary: In 1998, Arizona voters passed an initiative to create the Citizens Clean Elections Act (“CCEA”), which established public funding for political candidates in statewide and state legislative elections. Under this system,…
Date: March 26, 2014
Docket Number: CV-13-0274
Justia Opinion Summary: James Koontz was charged with one count of aggravated assault and a domestic violence offense, and Robert Gill was charged with three counts of theft of a means of transportation. The prosecutor in both cases…
Date: March 20, 2014
Docket Number: CV-13-0280
Justia Opinion Summary: A grand jury indicted Appellant for first degree murder, among other offenses. The grand jury also found probable cause to support three aggravating circumstances to support the imposition of the death penalty. Appellant…
Date: March 18, 2014
Docket Number: CR-11-0151
Justia Opinion Summary: After a jury trial, Appellant was found guilty of two counts of first degree murder for stabbing his pregnant girlfriend, killing her and the unborn baby. Appellant was sentenced to death. The Supreme Court affirmed…
Date: February 20, 2014
Docket Number: CV-13-0005
Justia Opinion Summary: In 1985, the Arizona Legislature established the Elected Officials’ Retirement Plan (“Plan”), which provides pension benefits for elected officials, including judges. Ariz. Rev. Stat. 38-818 establishes a formula for…
Date: January 17, 2014
Docket Number: CR-11-0043
Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of first degree felony murder and six other felonies for offenses committed during a home invasion. The trial court imposed death sentences for the murders and…
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