Arizona, January, 2004, State Case law

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State Courts - Arizona - January 22 - January 27, 2004

Smith v. Ariz. Long Term Care Sys., 1 CA-CV 03-0262, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, January 22, 2004, Filed
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Overview: Court erred in vacating Arizona Health Care Cost Containment System Director's ruling that unpaid insurance proceeds could not be considered resources available to plaintiff as of date of his accident for purpose of collecting government assistance.

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State v. Monaco, 2 CA-CR 2002-0466, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, January 22, 2004, Filed
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Overview: Drug sentences were proper, as the trial court could not apply the doctrines of sentence entrapment or sentence manipulation to sentence defendant outside the statutory range. Moreover, defendant had no right to be arrested after his first sale.

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Derendal v. Griffith, 1 CA-CV 03-0380, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, January 27, 2004, Filed
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Overview: A finding against defendant was proper where the offense of drag racing was not jury eligible in part because the statutory penalty for the offense was not sufficiently severe and it was not a crime of moral turpitude.

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Mary Lou C. v. Ariz. Dep't of Econ. Sec., 1 CA-JV 03-0046, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, January 27, 2004, Filed
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Overview: Court affirmed an order that terminated mother's parental rights to her son; sufficient evidence supported finding that mother's chronic substance abuse was the "same cause" that led to preceding termination of her parental rights to her daughter.

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Petersen v. City of Mesa, Arizona Supreme Court No. CV-03-0100-PR, SUPREME COURT OF ARIZONA, January 27, 2004, Filed
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Overview: In firefighter's appeal of appellate court's reversal of judgment that random drug testing was unconstitutional, judgment was vacated; random drug testing was unreasonable and violated Fourth Amendment to United States Constitution.

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Phelps Dodge Corp. v. Ariz. Elec. Power Coop., Inc., 1 CA-CV 01-0068, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, January 27, 2004, Decided , January 27, 2004, Filed
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Overview: Certain rules promulgated by the Arizona Corporation Commission to promote competition among electric providers were unconstitutional and beyond Commission's legislative authority; however, the rules should not have been vacated entirely.

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Safeway Ins. Co. v. Guerrero, 1 CA-CV 02-0661, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, January 27, 2004, Filed
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Overview: A grant of summary judgment in favor of the attorneys was incorrect, where they were not immune as a matter of law from a tort claim for intentional interference with contractual relations when the Damron/Morris agreement was allegedly improper.

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Schwab v. Ames Constr., 1 CA-CV 03-0123, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, January 27, 2004, Filed
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Overview: In personal injury litigant's appeal of summary judgment for defendants, judgment was reversed; absent defendants' showing of entitlement to summary judgment, the litigant's failure to respond did not in and of itself authorize judgment against him.

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