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| Winters v. Ariz. Bd. of Educ., 1 CA-CV 03-0147,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, February 12, 2004, Filed
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Overview: Evidence of five off-campus incidents, where a teacher was violent, including threats to children, was sufficient to support revocation of his teaching certificate, because it showed behavioral characteristics related to his fitness as a teacher.
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| Kerr v. Killian, Arizona Supreme Court No. CV-03-0110-PR,
SUPREME COURT OF ARIZONA, February 13, 2004, Filed
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Overview: Arizona's income tax code did not discriminate against federal employees because of the source of their pay or compensation; therefore, the court of appeals erred in finding the code violated the intergovernmental tax immunity doctrine.
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| In re Maricopa County Superior Court No. MH 2003-000058, 1 CA-MH 03-0005,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, February 17, 2004, Filed
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Overview: In patient's appeal of involuntary commitment, judgment was reversed; a physician authorized to practice medicine in Arizona as the holder of a one year training permit was not a "licensed physician" within the meaning of the statute.
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| State v. Brown, 2 CA-CR 2003-0001,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, February 17, 2004, Filed
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Overview: In defendant's appeal from harassment conviction, judgment was affirmed; the harassment statute regulated neither constitutionally protected speech nor expressive conduct and, thus, did not implicate the First Amendment.
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| State v. Davolt, Supreme Court No. CR-00-0508-AP,
SUPREME COURT OF ARIZONA, February 17, 2004, Filed
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Overview: Resentencing was necessary, as the State could not seek the death penalty against a juvenile under Arizona's Automatic Filing Statute without an individual assessment of the juvenile's maturity and moral responsibility at the time of the offense.
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| In re Commitment of Conn, 2 CA-MH 2003-0004-SP,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, February 19, 2004, Filed
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Overview: In State's appeal of dismissal of civil commitment proceedings, judgment was reversed; sex crimes defendant admitted committing, in return for promise he would not be prosecuted, could form basis for opinion that he was sexually violent person.
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| State v. Whitley, 1 CA-CR 02-0823,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, February 24, 2004, Filed
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Overview: As there was no evidence that defendant knew when jury would return verdict, knew of his right to be present, or that proceeding would continue in his absence if he failed to appear, trial court reversibly erred by receiving verdict in his absence.
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| Shotwell v. Donahoe, Arizona Supreme Court No. CV-03-0122-PR,
SUPREME COURT OF ARIZONA, February 25, 2004, Filed
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Overview: The Arizona Rules of Evidence governed the admissibility of an EEOC reasonable cause determination letter in a Title VII case; although the public record hearsay exception applied, the trial court failed to analyze the letter's prejudicial effect.
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| Simpson v. Owens, 1 CA-SA 03-0188,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, February 26, 2004, Filed
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Overview: Due process required that an evidentiary hearing be conducted to determine whether an individual charged with one of the capital or sex offense crimes listed in a statute was eligible for bail.
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| State v. Vogel, 1 CA-CR 02-0222,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, March 4, 2004, Filed
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Overview: Defendant's manslaughter conviction was proper where the trial court correctly instructed the jury, pursuant to Arizona's statutory scheme, that verbal provocation alone was insufficient to justify the use of physical force in self-defense.
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