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| State v. Moody, Arizona Supreme Court No. CR-02-0044-AP,
SUPREME COURT OF ARIZONA, August 8, 2004, Filed
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Overview: Defendant's death sentence was vacated because trial judge's determination of aggravating factors was error in light of case law that required a jury determination of factors that increased punishment and where jury could have concluded differently.
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| State v. Moody, Arizona Supreme Court No. CR-02-0044-AP,
SUPREME COURT OF ARIZONA, August 8, 2004, Filed
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Overview: Defendant's death sentence for committing two murders was improper, as it could not be concluded beyond reasonable doubt that reasonable jury could not find other than trial court did on issue of special cruelty as aggravating factor.
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| State ex rel. Romley v. Dairman, 1 CA-SA 04-0110,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, August 10, 2004, Filed
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Overview: Statute authorizing trial court to appoint a representative for minor victim when defendant was part of victim's immediate family did not abolish trial court's equitable power and duty to appoint representative when defendant was not part of family.
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| In re Marriage of Birt, 1 CA-CV 03-0258,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, August 12, 2004, Filed
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Overview: Trial court had power to set aside dissolution decree to accomplish justice, including power to award support obligation, where husband discharged debts in bankruptcy shortly after decree was final to avoid effect on allocation of community debts.
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| State v. Walker, 1 CA-CR 02-0982,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, August 12, 2004, Filed
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Overview: Defendant's motion for mistrial was properly denied based on finding that he voluntarily absented himself from part of his trial because he left home to visit the library when he knew he needed to remain home to be informed of the new trial setting.
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| Premium Cigars Int'l, Ltd. v. Farmer-Butler-Leavitt Ins. Agency, 1 CA-CV 03-0310,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, August 19, 2004, Filed
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Overview: On plaintiff's appeal of adverse summary judgment in personal injury action, case was remanded for determination of whether plaintiff's claim sounded in tort or contract and was therefore assignable.
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| State ex rel. Goddard v. Phoenix Union High Sch. Dist. No. 210, 1 CA-CV 03-0518,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, August 19, 2004, Filed
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Overview: On school district's appeal of adverse judgment in age discrimination case, judgment was reversed; reduction in compensation at age 65 was not based on discriminatory intent, but was part of the entire retirement incentive.
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