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| In re Keller, Arizona Supreme Court No. SB-08-0141-D,
SUPREME COURT OF ARIZONA, October 24, 2008, Decided, October 24, 2008, Filed
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| State v. Smith, Arizona Supreme Court No. CR-08-0033-PR,
SUPREME COURT OF ARIZONA, October 30, 2008, Decided
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Overview: Defendant's claim that the trial court, in enhancing his sentence on the basis of foreign convictions, did not properly examine whether his foreign conviction included every element that would be required to prove an enumerated Arizona offense could be reviewed for fundamental error despite defendant's failure to object.
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| State v. Thomas, Arizona Supreme Court No. CR-08-0051-PR,
SUPREME COURT OF ARIZONA, October 30, 2008, Decided
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Overview: Trial court did not err in enhancing defendant's sentences for drug convictions because an aggravated assault conviction was properly considered a "historical prior felony conviction" under Ariz. Rev. Stat. § 13-604.W.2(a)(i), even though it was committed after the drug offenses, because defendant was convicted of assault first.
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| 1800 Ocotillo, LLC v. WLB Group, Inc., Arizona Supreme Court No. CV-08-0057-PR,
SUPREME COURT OF ARIZONA, November 03, 2008, Decided
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Overview: Appellate court erred in finding that a liability limitations provision in a contract constituted an assumption of risk defense subject to Ariz. Const. art. 18, § 5, because the provision did not effectively relieve a party of its duty to exercise due care but instead merely placed a ceiling on recoverable damages.
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| State v. Peek, Arizona Supreme Court No. CR-07-0412-PR,
SUPREME COURT OF ARIZONA, November 3, 2008, Decided
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Overview: Trial court erred in imposing lifetime probation following defendant's conviction of attempted child molestation, which occurred between 1994 and 1996, because Ariz. Rev. Stat. § 13-902(E) (Supp. 1993) did not allow lifetime probation for second-degree offenses constituting Dangerous Crimes Against Children, including attempted child molestation.
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| Transp. Infrastructure Moving Arizona's Econ. v. Brewer, Arizona Supreme Court No. CV-08-0275-AP/EL,
SUPREME COURT OF ARIZONA, November 18, 2008, Decided
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| Ratliff v. Hardison, 2 CA-CV 2007-0153,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 26, 2008, Filed
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Overview: Buyer's statements to a seller that he decided not to purchase a farm, but that he wished to renegotiate the contract terms of price and amount of land constituted an anticipatory repudiation of the contract, and the buyer did not retract his repudiation because he attempted to negotiate new terms, rather than accepting the existing contract terms.
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| State v. Palmer, 1 CA-CR 07-0385,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, December 9, 2008, Filed
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Overview: Defendant's convictions for murder, conspiracy to commit murder, robbery, conspiracy to commit robbery, theft, and criminal damage were upheld because accomplice's testimony regarding a plea agreement was relevant to his credibility; testimony did not amount to improper vouching but demonstrated that accomplice had no motivation to testify falsely.
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| State v. Martinez, 1 CA-CR 07-1070,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, December 16, 2008, Filed
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