Arizona, April, 2004, State Case law

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State Courts - Arizona - April 22 - April 28, 2004

Jangula v. Ariz. Prop. & Cas. Ins. Guar. Fund, 1 CA-CV 03-0290, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, April 22, 2004, Filed
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Overview: Where injured passenger's total recoverable damages exceeded $ 115,000, she was entitled to recover $ 99,900 from insurance guaranty fund but her recovery from fund had to be reduced by $ 15,000 she had recovered in UIM benefits from her own policy.

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Levinson v. Jarrett, 1 CA-SA 03-0289, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, April 22, 2004, Filed
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Overview: Without a showing of mistake concerning identity of party to be added, an amended complaint that added a defendant to an action did not relate back to date of original complaint; the element of mistake was required by the plain language of the rule.

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Maycock v. Asilomar Dev., Inc., 1 CA-CV 02-0710, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, April 22, 2004, Filed
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Overview: Although the knowledge of the home seller was imputed to the buyers to determine whether a statute of repose for latent defects applied, the existence of genuine issues of material fact regarding the seller's knowledge precluded summary judgment.

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State v. Stroud, 2 CA-CR 2003-0112, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, April 22, 2004, Filed
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Overview: Though the evidence was sufficient to convict defendant of resisting arrest, as an arrest had not been effected and he was not in "custody" at the time he allegedly escaped from an officer, the evidence was insufficient to convict him of escape.

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In re Andre M., Arizona Supreme Court No. CV-03-0228-PR, SUPREME COURT OF ARIZONA, April 23, 2004, Filed
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Overview: The admission of the juvenile's statements to police officers during trial was improper where his mother was wrongfully excluded from his questioning.

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State v. Rodriguez-Gonzales, 2 CA-CR 2002-0285, 2 CA-CR 2002-0431 (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, April 28, 2004, Filed
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Overview: Where sentences imposed after post-conviction proceedings replaced defendants' original sentences as if they had not existed, defendants were not entitled to directly appeal new sentences, as they were still sentences entered pursuant to a plea.

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