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| Jennifer G. v. Ariz. Dep't of Econ. Sec., 2 CA-JV 2004-0095,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 29, 2005, Filed
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Overview: Court erred in granting summary judgment to State and terminating mother's parental rights under Ariz. Rev. Stat. ¿ 8-533(B)(3) and (B)(8)(a); despite deficiencies in form, her opposition, when coupled with questions of fact in some of ADES's own documents, demonstrated genuine, material factual disputes, and court made credibility determinations.
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| Feldmeier v. Watson, Arizona Supreme Court No. CV-05-0325-AP/EL,
SUPREME COURT OF ARIZONA, November 30, 2005, Filed
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Overview: In dispute over placing initiative measure on a ballot, absence of city's name from circulator's affidavit did not mean that affidavit did not meet statutory and constitutional requirements because group that sought to place measure on ballot substantially complied with Ariz. Rev. Stat. ¿ 19-112(D) by following form set out in that statute.
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| Maricopa-Stanfield Irrigation & Drainage Dist. v. Robertson, Arizona Supreme Court No. CV-04-0385-SA,
SUPREME COURT OF ARIZONA, November 30, 2005, Filed
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Overview: In a water rights dispute, landowners had no rights to Central Arizona Project water from the Lower Colorado River because a contract with the Secretary of the Interior was necessary to establish any rights under the Reclamation Act and the Boulder Canyon Project Act, and the landowners lacked a contract.
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| State v. Miles, 2 CA-CR 2004-0329,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 30, 2005, Filed
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Overview: Trial court did not err in admitting physician's testimony and a passenger's medical records; defendant, as the driver who caused the passenger's injuries, did not have standing to assert the physician-patient privilege, under Ariz. Rev. Stat. ¿ 13-4062(4), on the passenger's behalf. Also, evidence was sufficient to support finding of recklessness.
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| State v. Ramsey, 2 CA-CR 2004-0105,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 30, 2005, Filed
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Overview: In trial for continuous sexual abuse of a child in violation of Ariz. Rev. Stat. ¿ 13-1417, defendant failed to show how an allegedly duplicitous indictment prejudiced him; there was no potential violation of the Double Jeopardy Clause because of the way the alleged continuous events were described in the indictment.
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| Wilson v. Playa De Serrano, 2 CA-CV 2005-0072,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, November 30, 2005, Filed
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Overview: Trial court erred in finding a homeowners' association complied with 42 U.S.C.S. ¿ 3607(b)(2)(C) and dismissing a townhouse owner's suit against the association for injunctive relief as the association's amended bylaws were insufficient to create an enforceable deed restriction limiting the age of the community's occupants to 55 and older.
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| Davis v. Zlatos, 1 CA-CV 04-0413,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, December 6, 2005, Filed
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Overview: Homeowner was a vulnerable adult under Arizona's Adult Protective Services Act, Ariz. Rev. Stat. ¿¿ 46-451 to 46-457, as she was physically impaired to such extent that she was unable to protect herself if targeted for abuse, neglect or exploitation. Under Ariz. Rev. Stat. ¿ 46-456(A), caretaker breached fiduciary duties and was liable for damages.
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| State v. Gaynor-Fonte, 1 CA-CR 04-0755,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, December 6, 2005, Filed
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Overview: Court properly granted defendant's motion to dismiss a felony aggravated domestic violence charge where Ariz. Rev. Stat. ¿ 13-3601.02 required proof of two or more domestic violence convictions to support charge of aggravated domestic violence. Phrase "commits a third or subsequent violation" in ¿ 13-3601.02(A) required proof of prior convictions.
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| State v. Gomez, Arizona Supreme Court No. CR-03-0199-AP,
SUPREME COURT OF ARIZONA, December 6, 2005, Filed
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Overview: Trial court erred because it imposed aggravating factors for kidnapping that were not presented to a jury at sentencing or admitted by defendant. Death penalty for murder was vacated because defendant's rights under Due Process Clause and right to impartial jury were violated when he was kept in shackles in front of the jury during his sentencing.
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| In re Hamm, Arizona Supreme Court No. SB-04-0079-M,
SUPREME COURT OF ARIZONA, December 7, 2005, Filed
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Overview: Applicant had been convicted of murder; his request to be admitted to the State Bar of Arizona was denied because he failed to show, as required by Ariz. Sup. Ct. R. 34(a), that he was of good moral character.
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