Arizona, July, 2005, State Case law

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State Courts - Arizona - July 25 - August 10, 2005

Pinal County v. Pinal County Emple. Merit Sys. Comm'n, 2 CA-CV 2004-0160, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, July 25, 2005, Filed
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Overview: In dispute that followed sheriff's employee's termination after he allegedly hit a fully restrained inmate, appellate court reversed merit commission's reinstatement because sheriff department's decision to terminate was not arbitrary and capricious, which was required by Ariz. Rev. Stat. ? 11-356(A) before department's decision could be reversed.

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State v. Castaneda, 1 CA-CR 02-0066, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, July 26, 2005, Decided
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Overview: In a shooting in which a child was injured fortuitously, the increased punishment provisions of Ariz. Rev. Stat. ? 13-604.01 (Supp. 2004) were not applicable because the child was not defendant's intended target or victim.

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Willie G. v. Ariz. Dep't of Econ. Sec., 2 CA-JV 2004-0065, 2 CA-JV 2004-0066 (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, July 29, 2005, Filed
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Overview: Order adjudicating the parents' daughter a dependent child was affirmed because the parents were not exercising, or currently able to exercise proper and effective parental care and control of the daughter under Ariz. Rev. Stat. ? 8-201(13)(a)(i).

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Lana A. v. Woodburn, 1 CA-SA 05-0089 (Consolidated with 1 CA-SA 05-0090), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, August 4, 2005, Filed
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Overview: Orders subjecting juveniles to detention pending disposition on their probation revocation hearings were impermissible under Ariz. Rev. Stat. ? 8-221(A) (1999) because juveniles were neither informed of their right to counsel, nor appointed counsel at their initial incorrigibility hearings; juveniles were adjudicated incorrigible without counsel.

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State v. Parks, 1 CA-CR 03-0573, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, August 4, 2005, Filed
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Overview: Statements by defendant's son to the deputy at the crime scene were the product of a police interrogation and testimonial under Crawford; because the son died before trial and defendant thus did not receive an opportunity to cross-examine the son, the statements should not have been admitted into evidence and defendant was entitled to a new trial.

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Linda V. v. Ariz. Dep't of Econ. Sec., 1 CA-JV 04-0180, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, August 9, 2005, Filed
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Overview: Under Ariz. Rev. Stat. ? 8-533(B)(2) parents who abused or neglected their children, or who permitted another to do so, could have their parental rights to their other children terminated without evidence of abuse; court did not err in terminating mother's parental rights to her younger child after her boyfriend abused and killed her older child.

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State v. Carreon, Arizona Supreme Court No. CR-03-0160-AP, SUPREME COURT OF ARIZONA, August 9, 2005, Filed
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Overview: Trial court did not violate defendant's right to jury trial by imposing aggravated prison terms for non-capital offenses because once constitutionally permitted factors made defendant eligible for aggravated sentences under Ariz. Rev. Stat. ? 13-604, the trial judge could find additional factors in imposing a sentence up to the maximum prescribed.

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Grammatico v. Indus. Comm'n, Arizona Supreme Court No. CV-04-0197-PR CONSOLIDATED WITH Arizona Supreme Court No. CV-04-0364-PR, SUPREME COURT OF ARIZONA, August 10, 2005, Filed
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Overview: Denial of workers' compensation benefits was reversed and set aside because the Arizona Legislature could not abrogate claims for workers' compensation for injuries wholly or partially caused or contributed to by necessary employment risks or dangers solely because an employee failed to pass a drug or alcohol test, Ariz. Const. art. 18, ? 8.

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State v. Glassel, Arizona Supreme Court No. CR-03-0022-AP, SUPREME COURT OF ARIZONA, August 10, 2005, Filed
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Overview: In a death penalty case, defendant was not denied a sufficient opportunity to voir dire potential jurors, Ariz. R. Crim. P. 18.5, where the court conducted individual voir dire of every prospective juror whose responses to a questionnaire suggested an inability to deliberate impartially or a predisposition to impose the death penalty.

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State v. Ruggiero, 2 CA-CR 2004-0063, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, August 10, 2005, Filed
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Overview: In reviewing manslaughter conviction, trial court did not err in denying requested justification instruction because defendant failed to show, as required by Ariz. Rev. Stat. ? 13-411, that deadly force was immediately necessary to prevent daughter's molestation. Fundamental error occurred at sentencing, but defendant did not show prejudice.

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