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| State v. Alvarez, 2 CA-CR 2001-0379,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, April 23, 2003, Filed
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Overview: Trial court erred when it imposed aggravated sentences on enhanced multiple counts of second-degree burglary and sexual abuse based upon "multiple victims," where "multiple victims" were synonymous with, and inextricable from, "multiple offenses."
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| Godoy v. Hantman, Arizona Supreme Court No. CV-02-0390-PR,
SUPREME COURT OF ARIZONA, April 25, 2003, Filed
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Overview: Where case against defendant was dismissed but new indictment issued, Supreme Court of Arizona concluded that the new indictment began a separate matter and that the right to a peremptory change of judge applied as if no prior action had been filed.
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| Hays v. Gama, Arizona Supreme Court No. CV-02-0316-PR,
SUPREME COURT OF ARIZONA, April 25, 2003, Filed
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Overview: Trial court erred in excluding testimony of daughter's therapist as sanction against mother in custody case for using female therapist and not court ordered male therapist, where exclusion affected ability to determine child's best interests.
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| State v. Rosales, 2 CA-CR 2002-0362-PR,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, April 25, 2003, Filed
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Overview: By restricting first petition to request for delayed appeal filed as means of obtaining appellate review and raising no substantive issues on which trial court ruled, petitioner did not waive potential claims arising under other provisions of rule.
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| Burke v. Ariz. State Ret. Sys., 2 CA-CV 2002-0035,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, April 29, 2003, Filed
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Overview: In class action contract suit against State in which class prevailed, trial court erred when it assessed class attorney fees using common fund method in fee-shifting case: the hourly lodestar method was the appropriate method for calculating fees.
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| Feld v. Gerst, 1 CA-SA 02-0276,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, April 29, 2003, Filed
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Overview: Alleged conduct of defendant in unwanted fondling of adult woman or in alleged prior act, while admittedly aggressive, offensive, and illegal, did not rise to level of sexually aberrant behavior or character trait contemplated in rule of evidence.
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| Sanderson Lincoln Mercury, Inc. v. Ford Motor Co., 1 CA-CV 02-0588,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, April 29, 2003, Filed
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Overview: Existing dealership lacked standing to object to a car manufacturer's plan to establish a new dealership, as, despite its physical location within exterior boundaries of city, the old dealership was not within same "community" as new dealership.
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| Pleak v. Entrada Prop. Owners' Ass'n, 2 CA-CV 2001-0100,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, April 30, 2003, Filed
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Overview: The trial court erred in granting summary judgment in the corporation's favor because dedication of the roadway easement by the corporation's predecessor in interest was complete upon the sale of the lots referring to the recorded survey.
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| State v. Lehr, Arizona Supreme Court No. CR-97-0317-AP,
SUPREME COURT OF ARIZONA, April 30, 2003, Filed
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Overview: Where it was too speculative to say how a sentencing jury may have balanced aggravating and mitigating circumstances in defendant's first-degree murder conviction, the error in sentencing without a jury was not harmless.
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| Way v. State, 2 CA-CV 2002-0131,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, April 30, 2003, Filed
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Overview: Failure to serve a driver with a suspension order at the time of his DUI arrest did not invalidate a subsequent license suspension; the suspension began when the driver was served with the order six weeks after his arrest.
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