Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!

Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!

   State Courts - Arizona - April 21 - May 4, 2005

  
Naslund v. Indus. Comm'n of Ariz., 1 CA-IC 02-0084, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, April 21, 2005, Filed
View this case - free  

Overview: An amendment to Ariz. Rev. Stat. ? 23-1044(A) that required that 50 percent of retirement benefits received during a period of temporary partial disability be considered as wages able to be earned violated Ariz. Const. art. XVIII, ? 8 because the amendment reduced the amount of compensation benefits and was not approved by Arizona voters.

Search Cases for Free

  
State v. Kuck, No. 1 CA-CR 03-0987, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, April 21, 2005, Filed
View this case - free  

Overview: When case was submitted to jury for deliberations, only one alleged prior felony conviction remained. Thus, under Ariz. Rev. Stat. ? 13-710, maximum sentence to which defendant was exposed when case went to jury was 22 or 25 years. Thus, under Ariz. Const. art. 2, ? 23 and Ariz. Rev. Stat. ? 21-102(A) (2002), he was not entitled to 12-member jury.

Search Cases for Free

  
Barlage v. Valentine, 2 CA-CV 2004-0127, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, April 27, 2005, Filed
View this case - free  

Overview: Trial court erred in vacating default judgment because plaintiff's service of the summons and complaint by certified mail satisfied the requirements of Ariz. R. Civ. P. 4.2(c) where his affidavit included the signed receipt and defendant expressly granted actual authority to a commercial mail-receiving agency to accept certified mail on her behalf.

Search Cases for Free

  
In re Stephanie N., 1 CA-JV 04-0203, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, April 28, 2005, Filed
View this case - free  

Overview: In appeal of revocation of probation, juvenile court properly determined that it still had jurisdiction, pursuant to Ariz. Rev. Stat. ? 8-341(B) (Supp. 2004), although one year had passed since juvenile was placed on probation, because juvenile court had originally acquired jurisdiction in accordance with Ariz. Rev. Stat. ? 8-202(G) (Supp. 2004).

Search Cases for Free

  
Kent K. v. Bobby M., Arizona Supreme Court No. CV-04-0209-PR, SUPREME COURT OF ARIZONA, April 28, 2005, Filed
View this case - free  

Overview: In appeal of unsuccessful termination of parental rights proceeding, court determined that Arizona's statutes required that party seeking termination of parental rights establish only the statutory grounds of Ariz. Rev. Stat. ? 8-533 by clear and convincing evidence and establish the best interests of the child by a preponderance of the evidence.

Search Cases for Free

  
State v. Manzanedo, 2 CA-CR 2003-0238, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, April 29, 2005, Filed
View this case - free  

Overview: Defendant ripped telephone out of a wall and threw food tray during prison riot. Thus, evidence was sufficient to show that he damaged another's property and to convict him of criminal damage, Ariz. Rev. Stat. ? 13-1602. As jury found total amount of damage in verdict on criminal damage charge, that finding could be used to aggravate his sentences.

Search Cases for Free

  
Baker v. Rolnick, 1 CA-CV 03-0605, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, May 3, 2005, Filed
View this case - free  

Overview: Where an inmate in a state prison failed to avail himself of available grievance procedures before filing a 42 U.S.C.S. ? 1983 complaint in state court against prison employees, his case was properly dismissed because 42 U.S.C.S ? 1997e(a) required prisoners to exhaust all administrative remedies before bringing suit under any federal law.

Search Cases for Free

  
Daimlerchrysler Servs. N. Am., LLC v. Ariz. Dep't of Revenue, 1 CA-TX 04-0012, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, May 3, 2005, Filed
View this case - free  

Overview: In a tax matter, auto manufacturer, to whom dealers had assigned loan agreements, was not allowed to take a bad debt deduction when it bought contracts without recourse against dealers because Ariz. Admin. Code 15-5-2011 provided that the deduction applied to vendors.

Search Cases for Free

  
Jones v. Sterling, Arizona Supreme Court No. CV-04-0216-PR, SUPREME COURT OF ARIZONA, May 4, 2005, Filed
View this case - free  

Overview: In a consolidated drug offenses case involving claims of selective enforcement of traffic laws based on race, denial of defendants' motion for appointment of an expert under Ariz. R. Crim. P. 15.9(a) was vacated as the trial court erred in concluding that a showing of selective enforcement could never be a defense to a criminal prosecution.

Search Cases for Free

  
State v. Anderson, Arizona Supreme Court No. CR-02-0402-AP, SUPREME COURT OF ARIZONA, May 4, 2005, Filed
View this case - free  

Overview: Sufficient evidence supported defendant's convictions on three counts of first-degree murder, conspiracy to commit murder, and armed robbery, but court needed to determine in a supplemental opinion whether the trial judge erred by imposing the aggravated sentence for armed robbery without jury findings of aggravating circumstances.

Search Cases for Free

  
Back to Top