Arizona, June, 2005, State Case law

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State Courts - Arizona - June 22 - July 1, 2005

State v. Brown, 2 CA-SA 2005-0011, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 22, 2005, Filed
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Overview: Judge did not abuse his discretion in finding that statements defendant made during change-of-plea colloquy were not admissions of fact for purposes of Blakely. Defendant did not knowingly, voluntarily, and intelligently waive right to jury trial on aggravating circumstances but State could prove such circumstances to jury beyond reasonable doubt.

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Newkirk v. Nothwehr, 1 CA-SA 05-0061, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, June 23, 2005, Filed
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Overview: Appellate court accepted jurisdiction of petitioner's special action, but denied his claim for relief because there was no right to jury trial for accusations of prior convictions as they were statutory under both the penal code and the Arizona Revised Statutes until 1996; thus, there was no prior common law antecedent that guaranteed a jury trial.

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Salerno v. Espinoza, 1 CA-CV 04-0687, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, June 23, 2005, Redesignated by Order Filed
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Overview: Trial court properly dismissed a prisoner's civil action against a criminal judge's deputy clerk for misconduct that allegedly led to an erroneous sentence for the prisoner because the prisoner failed to give notice of his claim to the State within 180 days after the claim arose, as required by Ariz. Rev. Stat. ??12-821.01(A).

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Steven K. v. Ariz. Dep't of Econ. Sec., 1 CA-JV 04-0145, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, June 23, 2005, Filed
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Overview: Where children were in an out-of-home placement for more than nine months, their father's parental rights could not properly be terminated pursuant to Ariz. Rev. Stat. ? 8-533(B)(8)(a) because the father, who had participated in every service available to him in prison, did not refuse to remedy the circumstances causing the out-of-home placement.

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Double AA Builders, Ltd. v. Grand State Constr. L.L.C., 1 CA-CV 03-0609, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, June 28, 2005, Filed
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Overview: Substantial evidence supported trial court's application of promissory estoppel doctrine to allow a contractor to recover damages for subcontractor's refusal to perform on its bid where contractor relied on bid, also Statute of Frauds, Ariz. Rev. Stat. ? 44-101(4), did not bar recovery where subcontract involved sale of services rather than goods.

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Mullin v. Brown, 2 CA-CV 2003-0189, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, June 30, 2005, Decided
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Overview: Attorneys' motion for judgment as a matter of law or a new trial were properly denied in a malpractice action because, in determining whether plaintiff would have been successful in his will contest, the superior court properly instructed the jury that the presumption of undue influence shifted the burden of persuasion to the proponent of the will.

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Ottaway v. Smith, 1 CA-CV 04-0815, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, June 30, 2005, Opinion Filed
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Overview: Neither the Arizona nor U.S. Constitution entitled a defendant facing a charge of judicial interference, Ariz. Rev. Stat. ? 13-2810(A)(2) (2003), to a trial of that charge by a jury, as the plain language of the statute did not suggest any collateral consequences that approximated in severity the loss of liberty that a prison term entailed.

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Citizen Publ. Co. v. Miller, Arizona Supreme Court No. CV-04-0280-PR, SUPREME COURT OF ARIZONA, July 1, 2005, Filed
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Overview: Because letter concerning war in Iraq did not fall within one of the well-recognized exceptions to the general rule of First Amendment protection for political speech, incitement, fighting words, or true threat exceptions, newspaper publisher could not be held liable for intentional infliction of emotional distress for publishing letter.

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State ex rel. Dept of Econ. Sec. v. Hayden, Arizona Supreme Court No. CV-04-0303-PR, SUPREME COURT OF ARIZONA, July 1, 2005, Filed
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Overview: Father sought to terminate state agency's child support collection efforts after the child reached the age of majority. Termination was proper because obligations were not timely reduced to written judgment; two narrow exceptions of Ariz. Rev. Stat. ? 25-503(H) were inapplicable, and statute was not merely a limitations statute.

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