Arizona, April, 2003, State Case law

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State Courts - Arizona - April 3 - April 18, 2003

Country Mut. Ins. Co. v. Hartley, 1 CA-CV 02-0428, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, April 3, 2003, Filed
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Overview: The statute that imposed liability on any person who signed a minor's driving application did not abrogate the common-law family purpose doctrine, as the statute imposed liability different from that imposed by the family purpose doctrine.

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Mezey v. Fioramonti, 1 CA-CV 02-0040, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, April 3, 2003, Filed
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Overview: Husband's paramour was liable to the wife for conversion and fraudulent conveyance as a result of the transfers the husband made to the paramour without the wife's consent.

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State v. Harrod, Arizona Supreme Court No. CR-98-0289-AP, SUPREME COURT OF ARIZONA, April 3, 2003, Filed
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Overview: A reasonable jury hearing the same evidence the trial judge did would not have assessed the witnesses' credibility and testimony similarly or given the same weight to the mitigating factors presented; thus, defendant's death penalty was reversed.

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State v. Hoskins, Arizona Supreme Court No. CR-97-0349-AP, SUPREME COURT OF ARIZONA, April 3, 2003, Filed
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Overview: The State's failure to prove defendant murdered the victim in expectation of the receipt of pecuniary gain and the trial court's failure to adequately assess mitigating circumstances warranted the reversal of his death penalty.

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State v. Pandeli, Supreme Court No. CR 98-0376-AP, SUPREME COURT OF ARIZONA, April 3, 2003, Filed
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Overview: Defendant's murder of the victim could be found to have been committed in an especially heinous, cruel, or depraved manner; the jury could have found a mitigating circumstance as to defendant's mental health, enough to vacate the death sentence.

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Overview: In consolidated death penalty appeals, where jury had to determine aggravating circumstances that were not well established and whether mitigating circumstances called for leniency, state supreme court would remand case for resentencing.

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Dickey v. City of Flagstaff, Arizona Supreme Court No. CV-99-0273-PR, SUPREME COURT OF ARIZONA, April 7, 2003, Filed
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Overview: Where city held park open to public for recreational use, its maintenance of park was governmental function and the city's acts were shielded by the recreational use statute from suit for simple negligence. Use statute was constitutional.

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State v. Rutledge, Arizona Supreme Court No. CR-01-0129-AP, SUPREME COURT OF ARIZONA, April 7, 2003, Filed
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Overview: Trial court did not abuse discretion by admitting videotaped interview of witness/accomplice to murder, where admission of entire videotape allowed jurors to assess his demeanor and credibility and helped them decide which account to believe.

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Boynton v. Anderson, 1 CA-SA 03-0014, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, April 8, 2003, Filed
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Overview: Where crime of luring a minor for sexual exploitation was not listed as punishable as a "dangerous crime against children," appellate court held that the legislature did not intend the crime to be considered a "dangerous crime against children."

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State v. Christian, Arizona Supreme Court No. CR-02-0233-PR, SUPREME COURT OF ARIZONA, April 18, 2003, Filed
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Overview: State supreme court held that statute was unambiguous and permitted the State to allege defendant's prior conviction for possession of narcotic drugs involving an amount of drugs below the statutory threshold as a historical prior felony conviction.

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