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| State v. Cropper, Arizona Supreme Court No. CR-00-0544-AP,
SUPREME COURT OF ARIZONA, May 5, 2003, Filed
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Overview: Where State could not give notice of prior serious conviction, aggravating circumstance, until defendant had committed that crime and delay caused him no prejudice because defendant had adequate notice, albeit oral.
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| State v. Tucker, Arizona Supreme Court No. CR-01-0091-AP,
SUPREME COURT OF ARIZONA, May 5, 2003, Filed
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Overview: Defendant's death sentence was improper, where the court could not say that a jury presented with two of the aggravating circumstances would have found that those had been proven beyond a reasonable doubt.
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| In re Arnulfo G., 1 CA-JV 02-0140,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, May 6, 2003, Filed
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Overview: Where juvenile court made no finding that State exceeded any time limits, delayed case in order to gain a tactical advantage, or caused actual prejudice to juvenile, juvenile court erred in dismissing citation against juvenile with prejudice.
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| Inmon v. Crane Rental Servs., 1 CA-CV 02-0261, 1 CA-CV 02-0597 (consolidated),
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, May 6, 2003, Filed
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Overview: Lent employee doctrine did not apply, where crane operator was not in same employ as general contractor's injured employees and, accordingly, employees retained their common law remedies against operator and employer, crane's lessor.
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| State v. Finch, Arizona Supreme Court No. CR-99-0551-AP,
SUPREME COURT OF ARIZONA, May 6, 2003, Filed
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Overview: The trial judge's failure to properly assess mitigating factors at defendant's sentencing hearing after he was unconstitutionally denied the right to a jury trial was not harmless error and warranted vacatur of his death sentence.
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| State v. Phillips, Arizona Supreme Court No. CR-99-0296-AP,
SUPREME COURT OF ARIZONA, May 6, 2003, Filed
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Overview: A death sentence was vacated, as there was little evidence presented regarding defendant's motivation for killing a witness; a jury might not have found an aggravating circumstance, as defendant was convicted of felony murder.
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| State ex rel. Romley v. Gaines, 1 CA-SA 03-0054,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, May 8, 2003, Filed
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Overview: Superior court's decisions to suppress information provided by sexual offenders when they participated in a prison treatment program were reversed, and the state could offer the evidence in sexual violent predator proceedings.
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| State v. Sanders, 1 CA-CR 00-0326,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, May 13, 2003, Filed
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Overview: An amendment proposed mid-trial changing the original charge from a "knowing touching" assault of an officer to a "reasonable apprehension" assault deprived defendant of his Sixth Amendment right to sufficient notice of the charges against him.
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| Sun Health Corp. v. Myers, 1 CA-SA 03-0018,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, May 13, 2003, Filed
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Overview: Statement of the reasons a hospital suspended the staff privileges of a doctor being sued for medical malpractice and medical charts submitted to Arizona Board of Medical Examiners was privileged and the superior court erred in ordering disclosure.
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| State ex rel. Ariz. Dep't of Revenue v. Capitol Castings, Inc., 1 CA-TX 01-0007, 1 CA-TX 02-0014, (Consolidated),
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, May 15, 2003, Filed
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Overview: Tax court correctly granted the corporation relief from the judgment on mandate. Tax court correctly determined the corporation's materials were not entitled to the statutory exemption for "machinery or equipment" used in certain operations.
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