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   State Courts - Arizona - May 24 - June 27, 2006

  
Mejak v. Granville, Arizona Supreme Court No. CV-05-0299-PR, SUPREME COURT OF ARIZONA, May 24, 2006, Filed
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Overview: Ariz. Rev. Stat. § 13-3554 was interpreted to require that the person lured by a defendant be a minor or a peace officer posing as a minor given the statutory language. Since the person that lured defendant was an adult television reporter, rather than a minor or peace officer posing as a minor, the indictment was insufficient to charge him.

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State v. Arellano, Arizona Supreme Court No. CV-05-0397-SA, SUPREME COURT OF ARIZONA, May 24, 2006, Filed
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Overview: After death sentence was imposed, trial court did not err in determining, prior to an evidentiary hearing, that defendants had established a rebuttable presumption of mental retardation under Ariz. Rev. Stat. § 13-703.02 based solely on IQ scores, but trial court erred in precluding lay witness testimony about defendants' present adaptive behavior.

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State v. Robles, 2 CA-CR 2005-0014, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, May 25, 2006, Filed
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Overview: Appellant's conviction for aggravated driving under influence while his license was suspended or revoked was upheld, where relying on certified copy of his prior conviction record, as well as testimony that linked those records to him, trial court properly imposed enhanced, mitigated sentence.

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Abuhl v. Howell, 1 CA-CV 05-0611, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, May 30, 2006, Filed
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Overview: Defendant charged with false reporting in violation of Ariz. Rev. Stat. § 13-2907.01 did not have a right to a jury trial under Ariz. Const. art. II, § 23. The potential penalty for the crime was a six-month jail term and a fine of up to $ 2500; it was not a serious offense.

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Brunet v. Murphy, 1 CA-CV 05-0271, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, May 30, 2006, Filed
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Overview: Estate brought claim under Adult Protective Services Act (APSA), Ariz. Rev. Stat. §§ 46-451 to -457, against defendant physician and defendant corporation. Ariz. Rev. Stat. § 1-244 was inapplicable because act was not retroactively applied, but pursuant to Ariz. Rev. Stat. § 1-249, amendment to APSA did not bar claim because claim had accrued.

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Sonoran Desert Investigations, Inc. v. Miller, 2 CA-SA 2006-0006, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 2, 2006, Filed
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Overview: Summary judgment based on Ariz. Rev. Stat. § 12-712(B) was denied to two corporations and several individuals in a wrongful death case arising out of the asphyxiation of an alleged shoplifter because § 12-712(B) was unconstitutional under Ariz. Const. art. XVIII, § 5 since it provided that criminal conduct was an absolute bar to recovery.

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State v. Grell, Arizona Supreme Court No. CR-01-0275-AP, SUPREME COURT OF ARIZONA, June 6, 2006, Filed
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Overview: Because appellant waived his right to jury trial on guilty-phase issues, based on assurances that he would retain his right to be sentenced by jury, trial court erred in determining that jury need not determine mental retardation as bar to execution; thus, case was remanded for jury sentencing.

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Butch Randolph & Assocs. v. Int'l Fid. Ins. Co., 1 CA-CV 05-0171, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, June 13, 2006, Filed
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Overview: Subcontractor's claim to recover under a construction bond was not barred under Ariz. Rev. Stat. § 32-1153 because it provided, but did not install, materials for a project and thus was exempt from statutory licensing requirement. Exemption was independent and separate from a dollar-cap exemption also set forth in Ariz. Rev. Stat. § 32-1121(A)(4).

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Barth v. Cochise County, 2 CA-CV 2005-0067, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, June 15, 2006, Filed
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Overview: Trial court properly dismissed former employee's constructive discharge claim, because letters he submitted before his cause of action had accrued did not comply with statutory requirements, insufficiently apprising county of his claim, of county's potential liability, and of any meaningful opportunity for settling claim before action was filed.

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Kelly R. v. Ariz. Dep't of Econ. Sec., 1 CA-JV 05-0003, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, June 27, 2006, Filed
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Overview: Because there was no indication that a mother was unable to understand nature and object of termination of parental rights proceedings or assist in her defense, there were not reasonable grounds to believe she was mentally incompetent and Ariz. Rev. Stat. § 8-535(F) (Supp. 2005) did not require sua sponte appointment of a guardian ad litem for her.

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