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| In re Peasley, Arizona Supreme Court No. SB-03-0015-D,
SUPREME COURT OF ARIZONA, May 28, 2004, Filed
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Overview: Attorney's intentional elicitation of false testimony against two defendants in a capital murder trial and re-presentation of the same false testimony in a retrial of one of the defendants was sufficient misconduct to disbar him.
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| Medders v. Conlogue, 2 CA-SA 2004-0017,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, May 28, 2004, Filed
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Overview: Petitioner, who had been indicted, appeared before a judge, who was not assigned to the case, seeking to modify release conditions. When same judge was later reassigned to the case, petitioner did not waive right to peremptorily change that judge.
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| State v. Guilliams, 2 CA-CR 2002-0251-PR,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, May 28, 2004, Filed
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Overview: On defendant's appeal from a restitution order in favor of a prison, the case was remanded for recalculation of the restitution order; statutes directed award of restitution only for damages that flowed directly from defendant's criminal conduct.
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| State v. Jackson, 2 CA-CR 2002-0391,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, May 28, 2004, Filed
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Overview: Trial court misapplied statute of limitations in dismissing charges against defendant, as it failed to determine whether State discovered or reasonably should have discovered that there was probable cause to believe a criminal act was committed.
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| Bennett v. Brownlow, 1 CA-CV 03-0233,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, June 1, 2004, Filed
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Overview: County ordinance that required public event sponsors to be nonprofit organizations was unconstitutional because the nonprofit limitation was not significantly related to nor narrowly tailored to achieve any valid government purpose or interest.
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| In re Bond Forfeiture, 2 CA-CV 2003-0165,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, June 7, 2004, Filed
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Overview: Absent any attempt to prevent deportation or arrange the alien's temporary return for a court appearance, the surety could not claim that a deportation order alone made its compliance with the bond conditions impossible.
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| Kuehn v. Stanley, 2 CA-CV 2003-0136,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 7, 2004, Filed
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Overview: Summary judgment for bank and appraiser on homebuyers' negligence, fraud, and breach of contract claims was proper, because buyers had not and were not justified in relying on appraisal that was done for financing purposes and not for their benefit.
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