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| Hunt v. Richardson, 1 CA-CV 06-0624,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, July 31, 2007, Filed
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Overview: A finding against the property owners in an action involving an easement was improper in part because issues of material fact existed pertaining to the property owners' ability to erect a gate and they presented a justiciable claim concerning the parties' responsibility for maintaining the easement.
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| State v. Almly, 1 CA-CR 06-0471,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, July 31, 2007, Filed
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Overview: Charge was dismissed with prejudice where the State did not bring defendant to trial within 180 days of a valid second request under article III of the Interstate Agreement on Detainers (IAD), Ariz. Rev. Stat. § 31-481. Where both Article III and Article IV of the IAD was invoked, a dismissal was required if time limits under either were violated.
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| State v. Le Noble, 1 CA-CR 06-0705,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, July 31, 2007, Filed
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Overview: Resisting arrest conviction was vacated because defendant had the right to a jury trial for this offense under Sixth Amendment, Ariz. Const. art. 2, § 23, and Ariz. Const. art. 2, § 24 whether it was a felony or a misdemeanor, there was no waiver found under Ariz. R. Crim. P. 18.1, and the failure to obtain a waiver constituted a structural error.
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| In re Richard B., 1 CA-JV 07-0026,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, August 7, 2007, Filed
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Overview: Juvenile entered a guilty plea to driving under the influence. Although juvenile court set a seven-day deadline, juvenile court did not lack jurisdiction to set restitution order because the juvenile court did not abuse its discretion in proceeding to a restitution hearing.
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| State v. Connolly, 2 CA-CR 2006-0095,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, August 8, 2007, Filed
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Overview: In a robbery case, the trial court exceeded its jurisdiction in imposing a $ 20 time-payment fee in monthly installments upon defendant's release from prison because the trial court did not order defendant to pay a "penalty, fine, or sanction" under Ariz. Rev. Stat. § 12-116(A).
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| White v. Greater Ariz. Bicycling Ass'n, 2 CA-CV 2006-0207,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, August 8, 2007, Filed
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Overview: The trial court erred in denying adult children's motion for a new trial on the issue of damages, Ariz. R. Civ. P. 59, in their wrongful death action against a bicycle association where, pursuant to Ariz. Rev. Stat. § 12-613, the jury could not disregard the children's unequivocal testimony about facts demonstrating a compensable loss.
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