Arizona, September, 2004, State Case law

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State Courts - Arizona - September 29 - October 21, 2004

Associated Aviation Underwriters v. Wood, 2 CA-CV 2003-0091, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, September 29, 2004, Filed
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Overview: Stipulated Morris agreement precluded insurer from litigating issues of liability in a declaratory relief action regarding its coverage obligations udner a liability policy, and its "bodily injury" coverage chemical exposure cell damage.

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Ariz. State Democratic Party v. State, 1 CA-CV 02-0180, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, September 30, 2004, Filed
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Overview: Arizona Constitution did not necessarily preclude corporations from contributing to political party's operating expenses; however, legislature banned corporate and labor contributions for operating expenses, which complied with both constitutions.

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Pima County v. Pima County Law Enforcement Merit Sys. Council, 2 CA-CV 2004-0004, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, September 30, 2004, Filed
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Overview: On sheriff's appeal of denial of relief on complaint for special action, judgment was reversed; merit system council exceeded its statutory authority when it applied a nondeferential standard in reviewing the sheriff's personnel decision.

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State v. Darnell, 1 CA-CR 03-0400, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, September 30, 2004, Filed
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Overview: Any error in granting the State's Batson challenge was subject to harmless error review, as the seating of a juror subject to a mistakenly denied peremptory challenge did not likely affect the reliability of the truth-finding process.

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Arizona-American Water Co. v. Ariz. Corp. Comm'n, 1 CA-CC 03-0001, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, October 5, 2004, Filed
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Overview: Court of appeals lacked jurisdiction over water company's appeal of the Arizona Corporate Commission's order imposing conditions on a proposed merger because only orders arising from the rate-making process were directly appealable to the court.

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Clean Elections Inst. Inc. v. Brewer, Arizona Supreme Court No. CV-04-0263-AP-EL, SUPREME COURT OF ARIZONA, October 7, 2004, Filed
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Overview: Trial court properly declined to certify a proposal regarding public funding of political campaigns and place it on ballot because it violated "separate amendment rule" of Arizona Constitution where two sections of proposal had no common principle.

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State ex rel. Smith v. Conn, 1 CA-SA 04-0180, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, October 14, 2004, Filed
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Overview: State was granted relief in special action upon trial court's denial of motion to add allegation of aggravating factors to indictment, because State sought to give notice of factors by amending indictment so that jury could consider factor.

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Komalestewa v. Indus. Comm'n, 1 CA-IC 03-0041, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, October 20, 2004, Filed
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Overview: Evidence supported ALJ's findings that employee's intoxication at work contributed to his injuries. Amendment to workers' compensation statute making employee's injuries noncompensable because of employee's intoxication was not unconstitutional.

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In re Leopoldo L., 1 CA-JV 04-0074, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, October 21, 2004, Filed
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Overview: Statute authorizing DNA testing of juveniles adjudicated delinquent for sexual offenses applied to attempted sexual offenses, thus trial court did not err in ordering juvenile, who admitted attempted public indecency to a minor, to submit to tests.

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State v. Miranda-Cabrera, 1 CA-CR 01-0926, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, October 21, 2004, Filed
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Overview: Defendant's mitigated sentence for murder pursuant to dangerous crimes against children statute was proper even though aggravating factors were added because sentence was within range and he admitted he took family into desert and left without them.

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