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| Breitbart-Napp v. Napp, 1 CA-CV 05-0557, 1 CA-CV 05-0844 (Consolidated),
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, May 24, 2007, Filed
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Overview: A trial court properly reopened a decree approving a property settlement agreement to consider whether further relief under Ariz. R. Civ. P. 60(c) was appropriate where it was based on the husband's failure to disclose information relevant to the valuation of the marital property. However, an award of attorney's fees to the wife was vacated.
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| Donald W. v. Ariz. Dep't of Econ. Sec., 1 CA-JV 06-0088,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, May 24, 2007, Filed
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Overview: Although sufficient evidence supported a father's parental severance order under Ariz. Rev. Stat. § 8-533, the severance order was vacated as to the mother because the proceedings to terminate her parent-child relationship were not fundamentally fair under the Due Process Clause since her appointed counsel provided ineffective representation.
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| Girouard v. Skyline Steel, Inc., 1 CA-CV 06-0093,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, May 24, 2007, Filed
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Overview: Where decedent's father sought damages under Arizona's Wrongful Death Act, a new trial was warranted because evidence suggesting the decedent's manner of death should not have been precluded insofar as it was relevant under Ariz. R. Evid. 402 to the extent of the father's mental anguish resulting from the death; Ariz. R. Civ. P. 68(d) applied.
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| Heath v. Kiger, 1 CA-SA 06-0197,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, May 24, 2007, Filed
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Overview: Because petitioner was released on her own recognizance at the time of her second arrest, she was not "admitted to bail" and was not required to be detained pursuant to Ariz. Const. art. 2, § 22.A.2; for purposes of Ariz. Const. art. 2, § 22.A.2, "admitted to bail" did not include own recognizance release.
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| In re McVay, Arizona Supreme Court No. JC-06-0002,
SUPREME COURT OF ARIZONA, May 24, 2007, Filed
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Overview: In imposing sanctions on a judge for habitual tardiness and mistreatment of staff, the Arizona Commission on Judicial Conduct erred in not suspending the judge based on how a suspension would affect the judge's retirement benefits. Under R. Comm'n Judicial Conduct 5, the goal was to guard the public's interest.
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| Karbal v. Ariz. Dep't of Revenue, 1 CA-TX 06-0010,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, May 24, 2007, Filed
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Overview: Customer's action for refund of a Ariz. Rev. Stat. §§ 5-839 and 5-840 transaction privilege tax properly was dismissed for lack of jurisdiction. Because the taxes were imposed on the business activity of renting cars and hotel rooms, customer was not liable for payment of those taxes to State; thus, customer lacked standing to challenge the taxes.
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| State v. Moss, 1 CA-CR 05-0306,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, May 29, 2007, Filed
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Overview: Because criminalists, who actually performed tests on defendant's blood sample, were absent from the trial, they would not be subject to cross-examination. Thus, trial court did not err in finding that Confrontation Clause precluded testimony of State's expert regarding blood test results conducted by criminalists and his opinions based thereon.
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| Sunland Beef Co. v. Indus. Comm'n, 1 CA-IC 06-0046,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, May 29, 2007, Filed
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Overview: An employee's fall in his employer's restroom was an unexplained fall when a doctor testified that the cause of the fall was unknown, and under the positional-risk doctrine, the employee's fall presumably arose out of his employment, under Ariz. Rev. Stat. § 23-1021(A) (Supp. 2006), and the employee was entitled to workers' compensation benefits.
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| In re Estate of Goldman, 2 CA-CV 2006-0138,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, May 30, 2007, Filed
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Overview: A trial court properly granted a devisee summary judgment on a claim seeking payment of a charitable devise where the date of distribution values, not the date of death values, were to be considered for abatement purposes and at the time of the distribution, the estate value was sufficient to cover the charitable devises in the testator's will.
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| State v. Hansen, Arizona Supreme Court No. CR-06-0459-PR,
SUPREME COURT OF ARIZONA, May 30, 2007, Filed
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Overview: Ariz. Rev. Stat. § 13-804(D) (2001) governed over Ariz. R. Crim. P. 31.6 where the statute fell within the legislature's limited rulemaking authority under Ariz. Const. art. 2, § 21.(A)11 and (D) given that it was enacted to protect an enumerated right that was unique and specific to victims.
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