Arizona, September, 2003, State Case law

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State Courts - Arizona - September 9 - September 17, 2003

Carstens v. City of Phoenix, 1 CA-CV 02-0084, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, September 9, 2003, Filed
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Overview: Economic loss rule barred a negligence claim by homeowners and a corporation that a City and three of its building inspectors, regarding structural defects and building code violations, missed during inspections of a remodeling project.

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State ex rel. Goddard v. R.J. Reynolds Tobacco Co., 1 CA-CV 02-0238, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, September 9, 2003, Filed
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Overview: Master settlement agreement between Arizona and tobacco company only permitted the posting of outdoor advertising at the site of a brand name sponsored event 90 days before and required removal of advertising within 10 days of last day of event.

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State v. Arbolida, 1 CA-CR 02-0735, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, September 9, 2003, Filed
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Overview: Defendant's aggravated assault sentence was vacated, where the trial court's construction of a probation statute was too narrow; the statute should have been applied to defendant, even though he was a repeat offender with a prior felony conviction.

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State v. Dean, Arizona Supreme Court No. CR-02-0427-PR, SUPREME COURT OF ARIZONA, September 15, 2003, Filed
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Overview: In a drug case, given the physical distance of defendant from the vehicle at the time of arrest and the long lapse of time between the arrest and the exit from the vehicle, the search was not "incident" to the arrest.

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State v. Prasertphong, Arizona Supreme Court No. CR-01-0100-AP, SUPREME COURT OF ARIZONA, September 15, 2003, Filed
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Overview: Defendant's death sentences were vacated; the state supreme court could not state beyond a reasonable doubt that a jury hearing the same evidence as the trial judge would have found the murders were committed for pecuniary gain.

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Ariz. Indep. Redistricting Comm'n v. Fields, 1 CA-SA 03-0085, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, September 16, 2003, Filed
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Overview: A redistricting commission was not required to turn over some documents exchanged with consultants because they were protected by the legislative privilege; however, the privilege was waived where the consultants were designated testifying experts.

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State v. Livingston, 2 CA-CR 2003-0027, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, September 16, 2003, Filed
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Overview: Defendant's motion to suppress was properly granted because officer lacked a reasonable basis for an investigatory stop where defendant's minor breach of the shoulder line on the road did not violate law requiring drivers to remain in a single lane.

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State v. Rutledge, Arizona Supreme Court No. CR-01-0129-AP, SUPREME COURT OF ARIZONA, September 17, 2003, Decided
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Overview: Defendant's death sentence was vacated, as aggravating factor was based on witness credibility and court could not say, beyond a reasonable doubt, that a jury hearing the same evidence would have assessed the credibility in the same way as the judge.

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