Arizona, September, 2004, State Case law

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State Courts - Arizona - September 7 - September 16, 2004

Desilva v. Baker, 1 CA-CV 03-0700, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, September 7, 2004, Filed
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Overview: Summary judgment in legal malpractice action was proper as to ? 1983 action against probation officers, because they enjoyed absolute immunity; however, it was not proper in client's action for denial of medical treatment against sheriff's office.

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Potter v. United States Specialty Ins. Co., 2 CA-CV 2003-0182, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, September 8, 2004, Filed
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Overview: Summary judgment in favor of the insurer was affirmed, because the meaning of the term "logged" was not ambiguous, and the insurer intended to limit its liability for losses associated with inexperienced pilots.

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McHatton v. Ribeiro (In re Estate of Moore), 1 CA-CV 03-0422, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, September 14, 2004, Filed
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Overview: Deceased bank account owner was required to comply with statutory formalities to change P.O.D. beneficiary and due to her failure to comply, listed P.O.D. beneficiary was entitled to monies in account despite decedent's attempted transfer to trust.

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State v. Chavez, 2 CA-CR 2002-0202, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, September 14, 2004, Filed
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Overview: In DUI defendant's appeal, judgment was affirmed; ranger had authority to stop and detain defendant's vehicle, not in his official capacity as a ranger, but as a private citizen, and exclusionary rule did not apply to the actions of private citizens.

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State v. Lopez, 2 CA-CR 2003-0322, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, September 15, 2004, Filed
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Overview: The trial court did not err by refusing to compel the State to accept defendant's stipulation that he was a prohibited possessor where that fact was an element of the charged offense or by refusing a jury instruction on "passing control."

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State v. Murdaugh, Arizona Supreme Court No. CR-01-0421-AP, SUPREME COURT OF ARIZONA, September 15, 2004, Filed
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Overview: In murderer's appeal, judgment was affirmed; death sentence was properly imposed because State established heinous aggravator (victim was mutilated), and he had a prior conviction for an offense in which a sentence of life or death could be imposed.

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State v. Viramontes, 2 CA-CR 2003-0265, COURT OF APPEALS OF ARIZONA, DIVISION TWO, September 15, 2004, Filed
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State v. Aguilar, Arizona Supreme Court No. CR-03-0332-PR, SUPREME COURT OF ARIZONA, September 16, 2004, Filed
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Overview: Court of appeals erred in concluding that evidence of defendant's other sexual assaults was inadmissible because the aberrant sexual propensity exception to prohibition against character evidence included nonconsensual sexual assaults against adults.

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