Arizona, January, 2005, State Case law

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State Courts - Arizona - January 7 - January 20, 2005

State v. Stroud, Arizona Supreme Court No. CR-04-0234-PR, SUPREME COURT OF ARIZONA, January 7, 2005, Filed
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Overview: Appellate court erred in vacating defendant's escape conviction, as evidence that during the ongoing struggle the officer held defendant against a car while telling him he was under arrest supported both the resisting arrest and escape convictions.

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State v. Timmons, 2 CA-CR 2004-0058, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, January 7, 2005, Decided
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Overview: In an armed robbery, aggravated robbery, kidnapping, and aggravated assault case, defendant's aggravated sentences were vacated because the trial court violated Blakely by aggravating his sentences using factors not found by the jury.

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Alley v. Stevens, 1 CA-CV 04-0097, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, January 11, 2005, Filed
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Overview: A new calculation of child support arrearages was ordered because payments made from the date of the judgment in 1993 through November 1998, must be calculated pursuant to the law then in effect.

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State v. Barraza, 1 CA-CR 02-0591, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, January 11, 2005, Filed
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Overview: Court did not err in refusing to give requested instruction on "crime prevention" justification defense in defendant's murder trial because defense could not be invoked by invited guest who was charged with committing crime against resident of home.

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Cook v. Cook, 1-CA-CV 03-0727, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, January 13, 2005, Filed
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Overview: Where marriage between first cousins was recognized when couple moved to Arizona, but subsequent legislation made exception to first cousins, legislation did not apply to the parties because marriage rights had vested.

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Derendal v. Griffith, Arizona Supreme Court No. CV-04-0037-PR, SUPREME COURT OF ARIZONA, January 14, 2005, Filed
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Overview: Petitioner was not entitled to jury trial on drag racing charges because supreme court held that when legislature classified offense as misdemeanor and punishable by no more than six months incarceration, offense was presumed to be petty offense outside of jury requirement of Ariz. Const. art. II, ? 24, and petitioner failed to rebut presumption.

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State v. Burdick, 2 CA-CR 2004-0043, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, January 14, 2005, Filed
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Overview: Defendant's right to be free from double jeopardy was not violated because he received multiple punishments, as defendant was subject to multiple punishments for a single act of disorderly conduct committed against multiple persons.

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State v. Tyszkiewicz, 2 CA-CR 2003-0267, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, January 14, 2005, Filed
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Overview: Defendant's conviction for DUI was affirmed even though defendant moved his car off the street at an officer's request, as the officer did not tell defendant that such an action would be legal and did not know defendant was intoxicated at that time.

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Miller v. Hehlen , 2 CA-CV 2004-0033, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, January 18, 2005, Filed
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Overview: Summary judgment for employee in employment contract case was affirmed because franchisee could not enforce the employment contract agreement because she was no longer doing business as a franchisee.

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State v. Munninger, 1 CA-CR 03-0328, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, January 20, 2005, Filed
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Overview: Enhanced sentence imposed for aggravated assault was vacated because, although the failure to submit one aggravating factor to a jury was harmless, another debatable factor should have been submitted. Element of the offense was improperly considered.

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