Arizona Supreme Court and COA 1 Recent Opinions

5/14/2013 1 CA-UB 12-0095

COOKE v. ADES/AZ DEVELOPMENTAL OPINION

Maurice Portley, Author; Margaret H Downie, Concur; Philip Hall, Concur

Can ADES DDD use its policy and procedures to interpret Arizona Revised Statutes section 36-551(40) and restrict eligibility?

 

5/9/2013 1 CA-CV 12-0089

BALESTRIERI v. BALESTRIERI OPINION

Diane M Johnsen, Author; Samuel A Thumma, Concur; Michael J Brown, Concur

1. Whether Arizona Rules of Civil Procedure (“Rule”) 54(g)(1), which states that a request for attorney’s fees “shall be made in the pleadings,” precludes an award of fees to a defendant who does not file an answer but instead successfully moves to dismiss a complaint for lack of personal jurisdiction pursuant to Rule 12(b).

2. Whether a defendant waives personal jurisdiction by filing a request for attorney’s fees with a Rule 12(b) motion to dismiss for lack of personal jurisdiction.

3. Whether a defendant who successfully moves to dismiss for lack of personal jurisdiction may wait to request attorney’s fees until after the court has granted the motion.

 

5/7/2013 1 CA-UB 12-0089

ROBBINS v. ADES/NAVAJO OPINION

Margaret H Downie, Author; Maurice Portley, Concur; Philip Hall, Concur

Are wages earned as a tribal legislator qualifying wages for purposes of unemployment insurance benefits?

 

5/7/2013 1 CA-UB 12-0090

ROBBINS v. ADES OPINION

Margaret H Downie, Author; Maurice Portley, Concur; Philip Hall, Concur

Are wages earned as a tribal legislator qualifying wages for purposes of unemployment insurance benefits?

 

5/7/2013 1 CA-CV 10-0620

PHOENIX v. GARRETSON OPINION

Michael J Brown, Author; Patricia K Norris, Concur; Philip Hall, Concur

Whether the trial court erred in granting summary judgment in favor of the City of Phoenix based on the City’s argument that elimination of a property owner’s established access to an abutting street did not, as a matter of law, constitute “damage” within the meaning of Article 2, Section 17 of the Arizona Constitution.

 

5/7/2013 1 CA-CR 12-0083

STATE v. MCDONAGH OPINION

Samuel A Thumma, Author; Michael J Brown, Concur; Diane M Johnsen, Concur

Does Arizona Revised Statutes section 13-116 forbid imposition of “consecutive/cumulative” assessments for multiple aggravated DUI convictions arising from a single act of drunk driving?

 

5/7/2013 1 CA-IC 12-0035

BULK/ZURICH v. FREEMAN OPINION

Randall M Howe, Author; Andrew W Gould, Concur; John C Gemmill, Concur

Whether Arizona Revised Statutes section 23-1044(B)(22) includes compensation for permanent disfigurement on a claimant’s neck?

 

5/7/2013 1 CA-CV 12-0251

MENDOTA v. GALLEGOS OPINION

Patricia K Norris, Author; Andrew W Gould, Concur; Randall M Howe, Concur

What factors should a finder of fact consider in determining what was an insured’s “household” under an insurance policy provision that provided underinsured motorist coverage to a family member if the family member was a “resident of [the named insured] household?”

 

5/7/2013 1 CA-CV 11-0775

WESTERN STATES v. ADEQ OPINION

Peter B Swann, Author; Philip Hall, Concur; Samuel A Thumma, Concur

Is an owner or operator of an underground storage tank entitled to increased coverage from the State Assurance Fund to cover costs of cleanup if (1) the leak occurred before state law required compliance with federal financial-responsibility requirements, and (2) the owner or operator had no private insurance coverage?

 

5/2/2013 SB-12-0039

In the Matter of Rachel R. Alexander OPINION

Ann A. Scott Timmer, Author; Scott Bales, Concur; John Pelander, Concur; Robert M. Brutinel, Concur; Lawrence F. Winthrop, Concur

 

4/30/2013 1 CA-JV 11-0253

ROBERTO F. v. ADES, et al. OPINION

Andrew W Gould, Author; John C Gemmill, Concur; Peter B Swann, Concur

1. Whether allowing foster parents to intervene in a dependency proceeding constitutes reversible error.

2. Was the termination based on sufficient evidence.

 

4/30/2013 1 CA-CR 12-0416

STATE v. BURNS OPINION

Diane M Johnsen, Author; Samuel A Thumma, Concur; Michael J Brown, Concur

Whether pursuant to Arizona Revised Statutes section 13-708 (C) (West 2013), when a defendant is convicted after a trial of a new offense committed while on lifetime probation, the superior court must revoke probation and sentence the defendant on the original offense.

 

4/30/2013 1 CA-CR 12-0418

STATE v. BURNS OPINION

Diane M Johnsen, Author; Samuel A Thumma, Concur; Michael J Brown, Concur

Whether pursuant to Arizona Revised Statutes section 13-708 (C) (West 2013), when a defendant is convicted after a trial of a new offense committed while on lifetime probation, the superior court must revoke probation and sentence the defendant on the original offense.

 

4/25/2013 1 CA-CR 12-0031

STATE v. VALENTINI OPINION

Samuel A Thumma, Author; Michael J Brown, Concur; Diane M Johnsen, Concur

To convict a defendant for second-degree murder, must a jury unanimously choose a single mental state found in Arizona Revised Statutes section 13-1104(A)?

 

4/25/2013 1 CA-CV 12-0173

BEVERAGE v. PULLMAN, et al. OPINION

Diane M Johnsen, Author; Michael J Brown, Concur; Lawrence F Winthrop, Concur

Whether a Connecticut law firm subjects itself to the specific personal jurisdiction of an Arizona Court by entering into a client relationship with an Arizona citizen and preparing and delivering to him in Arizona an opinion letter, knowing the Arizonan will use the opinion letter in filing his federal income tax return.

 

4/18/2013 1 CA-IC 12-0018

SPECIAL FUND v. ICA/LANE OPINION

John C Gemmill, Author; Jon W Thompson, Concur; Lawrence F Winthrop, Concur

When a worker born with only three fingers on each hand sustained a permanent injury to her low back, were the employer and carrier entitled to reimbursement (often called “apportionment”) from the Special Fund Division under Arizona Revised Statutes Section 23-1065(C) on the basis that the claimant’s preexisting condition was an “amputated . . . hand” under Section 23-1065(C)(3)(e)?

 

4/17/2013 SB-12-0040

In the Matter of RICHARD B. JOHNSON OPINION

John Pelander, Author; Rebecca White Berch, Concur, Scott Bales, Concur, Robert M. Brutinel, Concur, Ann A. Scott Timmer, Concur

 

4/16/2013 1 CA-CR 12-0416

STATE v. BURNS OPINION

Diane M Johnsen, Author; Samuel A Thumma, Concur; Michael J Brown, Concur

Whether pursuant to Arizona Revised Statutes section 13-708(C) (West 2013), when a defendant is convicted after a trial of a new offense committed while on lifetime probation, the superior court must revoke probation and sentence the defendant on the original offense.

 

4/16/2013 1 CA-CR 12-0418

STATE v. BURNS OPINION

Diane M Johnsen, Author; Samuel A Thumma, Concur; Michael J Brown, Concur

Whether pursuant to Arizona Revised Statutes section 13-708(C) (West 2013), when a defendant is convicted after a trial of a new offense committed while on lifetime probation, the superior court must revoke probation and sentence the defendant on the original offense.

 

4/15/2013 CR-10-0052

STATE OF ARIZONA v ERIC BOYSTON OPINION

John Pelander, Author; Rebecca White Berch, Concur, Scott Bales, Concur, Robert M. Brutinel, Concur, Diane M. Johnsen, Concur

Constitutionality Decision

Holding A.R.S. § 13-503 (providing that voluntary, temporary intoxication “is not a defense for any criminal act or requisite state of mind”) constitutional and not violative of U.S. Const. amend. 6 (right to confront evidence and to present a complete defense), U.S. Const. amend. 8 (cruel and unusual punishment), or U.S. Const. amend. 14 (due process, equal protection). Holding A.R.S. § 13-756(A) (providing for abuse of discretion appellate review in capital cases) constitutional and not violative of U.S. Const. amend. 8 (cruel and unusual punishment) or U.S. Const. amend. 14 (due process).

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