Arizona, April, 2003, State Case law

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State Courts - Arizona - April 1, 2003

Golonka v. GMC, 1 CA-CV 00-0467, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, April 1, 2003, Filed
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Overview: The jurors in a product liability suit brought against the manufacturer when a truck slipped into reversed, backed up, and ran over the decedent were not properly guided since the trial court erroneously instructed on the heeding presumption.

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Golonka v. Gm, 1-CA-CV 00-0467, SUPREME COURT OF ARIZONA, April 1, 2003, Opinion Filed
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State v. Grell, Arizona Supreme Court No. CR-01-0275-AP, SUPREME COURT OF ARIZONA, April 1, 2003, Filed
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Overview: Due process demanded that defendant's mental retardation claim receive a hearing at which the constitutional principles prohibiting the execution of mentally retarded offenders, announced by the U.S. Supreme Court, were considered.

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State v. Hantman, 2 CA-SA 2003-0026, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, April 1, 2003, Filed
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Overview: Where State's initial dismissal of charges against defendant and two refilings of those charges occurred within one-year limitations period, refiling was within applicable statutory savings period and charges should not have been dismissed.

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State v. Kaiser, 1 CA-CR 02-0448, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, April 1, 2003, Filed
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Overview: Defendant was convicted of refusing to obey a peace officer. The city ordinance was not vague or overbroad, as a person of ordinary intelligence could understand what was prohibited, and it did not put First Amendment rights at risk.

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State v. Montoya, 1 CA-CR 01-0976, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, April 1, 2003, Filed
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Overview: Defendant's sentence for participating in a criminal street gang could not be enhanced on the basis that he had acted to promote or assist a criminal street gang; such a sentence was a violation of double jeopardy.

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State v. Mutschler, 1 CA-CR 02-0002, 1 CA-CR 02-0003, 1 CA-CR 02-0004, 1 CA-CR 02-0005, (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, April 1, 2003, Filed
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Overview: Defendants' convictions for violating a municipal code prohibiting persons from operating live sex businesses were upheld as, contrary to defendants' contentions, the municipal code was not unconstitutionally vague and/or overbroad.

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