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   State Courts - Arizona - June 30 - July 14, 2004
  
State v. Garfield, 2 CA-CR 2002-0037, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 30, 2004, Filed
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Overview: Defendant was entitled to a new trial after being convicted of aggravated assault with a deadly weapon, because the refusal of the trial court to instruct the jury consistently with a justification statute was not harmless error.

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In re Zawada, Arizona Supreme Court No. SB-02-0103-D, SUPREME COURT OF ARIZONA, July 1, 2004, Filed
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Overview: A prosecuting attorney's intentional trial conduct caused injury to the criminal justice system. The Supreme Court of Arizona, considering aggravating and mitigating factors and discipline imposed in analogous cases, ordered stringent sanctions.

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May v. Ellis, Arizona Supreme Court No. CV-04-0025-PR, SUPREME COURT OF ARIZONA, July 1, 2004, Filed
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Overview: Widow, personal representative of her husband's estate and the beneficiary on his life insurance policies, was not liable to the estate or potential judgment creditors who had sued the widow and estate in an automobile odometer rollback action.

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State v. Torres, Arizona Supreme Court No. CR-03-0326-PR, SUPREME COURT OF ARIZONA, July 1, 2004, Filed
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Overview: Appellate court erred in its determination that trial court's failure to inquire into defendant's relationship with counsel when defendant requested new counsel was structural error. Proper remedy was remand for trial court to inquire further.

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State v. Hampton, Arizona Supreme Court No. CR-03-0033-AP, SUPREME COURT OF ARIZONA, July 2, 2004, Filed
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Overview: Defendant had previously threatened counsel, forcing counsel to withdraw. Defendant also threatened public defender's office. Supreme court remanded case, so defendant could be warned that future misconduct would result in forfeiture of counsel.

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Ry-Tan Constr., Inc. v. Wash. Elem. Sch. Dist. No. 6, 1 CA-CV 03-0248, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, July 8, 2004, Filed
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Overview: Where a school district attempted to withdraw an award of a public school construction contract before execution of a written contract, the trial court did not err in finding a contract existed; the bid documents set forth the contractual details.

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State v. McDermott, 1 CA-CR 03-0683, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, July 8, 2004, Filed
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Overview: Reversal of order granting defendant's motion to dismiss the charge of carrying a concealed weapon without a permit was affirmed because a fanny pack was different from luggage for the purpose of applying the statutory exemption from punishment.

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State v. Viramontes, 2 CA-CR 2003-0265, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, July 12, 2004, Decided
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Overview: On State's appeal of a murder sentence, appeal was dismissed; sentencing under an improper sentencing statute might have constituted a sentence imposed in an unlawful manner, but the State did not have a statutory right to appeal such error.

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Aileen H. Char Life Interest v. Maricopa County, Arizona Supreme Court No. CV-03-0348-PR, SUPREME COURT OF ARIZONA, July 13, 2004, Filed
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Overview: Evidence was sufficient to support tax court's finding that taxpayers were entitled to a refund due to county's systematic discriminatory valuation of similar properties that forced taxpayers to bear disproportionate share of the property tax burden.

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N. Valley Emergency Specialists, L.L.C. v. Santana, Arizona Supreme Court No. CV-03-0279-PR, SUPREME COURT OF ARIZONA, July 14, 2004, Filed
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Overview: Arbitration statute did not require compulsory arbitration between a corporation and its former employees. Plain language of the statute exempted all employer and employee employment agreements from provisions of arbitration act.

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