Arizona Supreme Court Decisions 2022

Justia Opinion Summary: The Supreme Court held that the political question doctrine prohibits courts from adjudicating complaints that legislative committees held meetings in violation of Arizona's Open Meeting Law (OML). See Ariz. Rev. Stat.…

Justia Opinion Summary: The Supreme Court reversed the trial court's order granting preliminary injunctive relief in this case, holding that courts lack authority to enter a nunc pro tunc order absent clerical error or mistake in the record…

Justia Opinion Summary: The Supreme Court held that Ariz. Rev. Stat. 23-1043.01(B), which limits workers' compensation claims for mental illnesses to those that arise from an "unexpected, unusual or extraordinary stress" situation, does not…

Justia Opinion Summary: The Supreme Court vacated the opinion of the court of appeals affirming the judgment of the trial court, after a jury trial, in this tort action for first-party insurance bad faith, holding that the trial court erred in…

Justia Opinion Summary: The Supreme Court held that public policy prohibits an agreement between a builder-vendor and a homebuyer to disclaim and waive the warranty of workmanship and habitability implied in every contract entered into between…

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions on two counts of aggravated assault with a deadly weapon or dangerous instrument, two counts of aggravated assault causing temporary but substantial disfigurement, and…

Justia Opinion Summary: The Supreme Court held that the Arizona Corporation Commission, acting by a majority of its commissioners, may not prevent an individual commissioner from exercising investigatory powers pursuant to Ariz. Const. art. XV,…

Justia Opinion Summary: The Supreme Court held that while the broad evidence rule is not applicable in Arizona such that that an insurer and/or fact-finder may consider labor depreciation as a pertinent factor in determining the term "actual…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court rejecting objections based on the issue of whether signatures collected by some initiative petition circulators must be disqualified because those circulators…

Justia Opinion Summary: In this marriage dissolution case, the Supreme Court held that the appropriate method of establishing the marital community's interest in separate property should begin with trial judges using the "Drahos/Barnett…

Justia Opinion Summary: The Supreme Court held that when a debtor defaults on a debt secured by a deed of trust and the trustee chooses to sell the property, the trustee's act of recording and serving a notice of trustee's sale does not…

Justia Opinion Summary: The Supreme Court reversed the order of the trial court that the Senate disclose all communications concerning an audit to American Oversight, holding that communications concerning legislative activities need not relate…

Justia Opinion Summary: The Supreme Court held that because Defendant's conduct did not establish a prima facie case for punitive damages in this negligence case, the trial court erred in granting Plaintiffs' motion to obtain Defendant's…

Justia Opinion Summary: The Supreme Court held that the exemption from the referendum power for law "for the support and maintenance of the departments of the state government and state institutions," see Ariz. Const. art. 4, pt. 1, 1(3),…

Justia Opinion Summary: The Supreme Court reversed the judgment of the trial court denying Defendant's motion seeking remand to the grand jury for a redetermination of probable cause pursuant to Ariz. R. Crim. P. 12.9, holding that the trial…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the superior court dismissing this complaint seeking declaratory and injunctive relief, holding that, for the most part, the doctrines of exhaustion…

Justia Opinion Summary: In this case arising from five separate tax lien foreclosure actions the Supreme Court held that reasonable fees and costs incurred after a redemption certificate has issued that were a direct and necessary result of…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of two counts of sexual conduct with a minor under age fifteen and other charges, holding that contributing to the delinquency of a minor, Ariz. Rev. Stat. 13-3613, is…

Justia Opinion Summary: The Supreme Court held that delivery of a pre-litigation notice to each of the three addresses referred to in Ariz. Rev. Stat. 42-18202(A)(1)(a)-(c) is sufficient to satisfy the statute's pre-litigation-notice…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court convicting Defendant, following a jury trial, of murdering her ten-year-old cousin, but remanded the case for resentencing, holding that the sentence imposed for…

Justia Opinion Summary: The Supreme Court reversed the judgment of the trial court granting summary judgment in favor of the City of Peoria and dismissing Plaintiff's complaint with prejudice, holding that Plaintiff's statement in her notice of…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court convicting Defendant of thirteen felony counts of aggravated harassment, holding that the trial court did not abuse its discretion in accepting Defendant's…

Justia Opinion Summary: In this medical malpractice case, the Supreme Court held that defendants do not violate the "One-Expert Rule" when offering the testimony of a treating physician on the standard of care, in addition to that of a retained…

Justia Opinion Summary: The Supreme Court reversed the decision of the trial court dismissing this action brought by Arizona corrections officers seeking overtime compensation for time spent in mandatory pre-shift security screenings, holding…

Justia Opinion Summary: The Supreme Court upheld the decisions of the lower courts in this matter arising from two criminal cases, holding that the Cochise County Superior Court's innominate jury system does not violate the First Amendment.…

Justia Opinion Summary: On July 18, 2012, Robinson beat, bound, and immolated his nine-months-pregnant girlfriend, S.H., in their apartment, killing her and their unborn child, B.H. He then placed a 9-1-1 call to report a fire. Upon…

Justia Opinion Summary: Cal-Am, a developer and operator of RV and mobile-home parks leased the Yuma Sundance RV Resort from its owner, intending to construct a new banquet and concert hall on the property. The property owner provided the…

Justia Opinion Summary: The Supreme Court held that the Indian Reorganization Act did not expressly preempt Mohave County's ad valorem property tax on a power plant owned by non-Indian lessees of land purportedly acquired by the federal…

Justia Opinion Summary: The Supreme Court held that the identity of an alleged narcotic drug is an element of Arizona's drug possession statute, Ariz. Rev. Stat. 13-3408, and therefore, jury unanimity is required as to which drug or drugs…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the tax court dismissing Counts I through III of the Attorney General's complaint and granting summary judgment on Count IV, holding that the tax…

Justia Opinion Summary: The Supreme Court held that a homeowners' association (HOA) may not rely on a general amendment power provision in its covenants, conditions, and restrictions (CC&Rs) to place restrictions on landowners' use of their…

Justia Opinion Summary: The Supreme Court held that because the alleged conduct of a victim of the collision in this case occurred simultaneously with Max Fontes's alleged criminal conduct, Fontes was not entitled to a superseding cause jury…

Justia Opinion Summary: The Supreme Court held that the Pinal County Regional Transportation Authority (RTA) and the Penal County Board of Supervisors (Board) acted unlawfully when they adopted a two-tiered retail transaction privilege tax…

Justia Opinion Summary: The Supreme Court reversed the judgment of the trial court in this parental rights termination case, holding that the juvenile court applied the incorrect definition of "normal home" in Ariz. Rev. Stat. 8-533(B) in…

Justia Opinion Summary: The Supreme Court held that the National Highway Transportation Safety Administration (the Agency) has not established a clear policy objective concerning automatic emergency breaking (AEB) technology that preempts state…

Justia Opinion Summary: In this criminal case concerning a defendant who asserted the attorney-client privilege the Supreme Court vacated the judgment of the trial court ruling that all of the defendant's communications with his mitigation…

Justia Opinion Summary: The Supreme Court held that a defendant seeking an award of attorney fees and costs in a lawsuit filed by a married plaintiff does not need to join the plaintiff's spouse to later execute a judgment for fees and costs…

Justia Opinion Summary: The Supreme Court reversed the restitution order of the trial court to the extent that it ordered payment of C.C.'s attorney fees, holding that most of C.C.'s fees were not recoverable as criminal restitution.…

Justia Opinion Summary: The Supreme Court vacated the opinion of the court of appeals reversing the judgment of the trial court denying summary judgment for Defendant and remanded this matter to the trial court to grant summary judgment for…

Justia Opinion Summary: The Supreme Court held that a recorded judgment lien attaches to homestead property where the judgment debtor has equity in excess of the amount exempt under Arizona law. Pacific Western Bank (PWB) obtained a California…

Justia Opinion Summary: The Supreme Court denied relief to Banner University Medical Center Tucson Campus, LLC and other Banner entities (collectively, Banner) which challenged the denial of its motion for summary judgment in this vicarious…

Justia Opinion Summary: The Supreme Court accepted certified questions from the United States Court of Appeals for the Ninth Circuit in this arbitration dispute, holding that direct benefits estoppel cannot be invoked in a garnishment action to…

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for multiple counts of first degree murder and sentence of death, holding that no prejudicial error occurred in the proceedings below. After a ten-day trial, a jury…

Justia Opinion Summary: The Supreme Court held that four legislative budget reconciliation bills (BRBs) - House Bill (HB) 2898, Senate Bill (SB) 1824, SB 1825, and SB 1819 - violated the Arizona Constitution's title requirement and were…