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| Zajac v. City of Casa Grande, Arizona Supreme Court No. CV-03-0397-PR,
SUPREME COURT OF ARIZONA, December 10, 2004, Filed
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Overview: A resident, having failed to file a timely complaint against a zoning ordinance and referendum, waived his right of action; the resident could not allow the election to proceed without objection, and thereafter protest.
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| State v. Berger, 1 CA-CR 03-0243,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, December 14, 2004, Filed
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Overview: Twenty convictions and sentence of 20 consecutive 10-year terms for sexual exploitation of minor were affirmed, as classification of possession of child porn was rationally related to protecting children and sentence was proportional.
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| Waters v. O'Connor, 1 CA-SA 04-0140,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, December 14, 2004, Filed
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Overview: Statements made by defendant to the volunteer music minister at her church, who was a close friend, were not subject to the clergy-penitent privilege, as the minister was not a clergyman.
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| State v. Gatliff, 1 CA-CR 03-0810,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, December 16, 2004, Filed
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Overview: Where the jury convicted defendant of arson, it represented a finding that he committed a dangerous offense; therefore, the dangerousness finding permitted an aggravated sentence, eliminating the need for a separate finding on dangerousness.
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| State v. Castaneda, 1 CA-CR 02-0066,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, December 21, 2004, Filed
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Overview: State could not invoke a special sentencing statute for dangerous crimes against a child because the evidence that defendant shot in the direction of and intended to harm an adult victim did not show that he targeted the child victim standing nearby.
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| State v. Gomez, 1 CA-CR 03-1050,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, December 21, 2004, Filed
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Overview: Defendant's sentences were vacated; portion of applicable statute that disqualified defendant from mandatory probation for drug offense based solely on a finding that defendant had been "indicted for a violent crime" was unconstitutional.
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| Nelson v. Grayhawk Props. L.L.C., 1 CA-CV 03-0722,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, December 22, 2004, Filed
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Overview: Non-delegable duty of the city to safely maintain a roadway did not relieve a developer of liability to the victim of a collision for the developer's alleged negligence in maintaining the intersection landscaping in a safe condition.
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| State v. Oaks, 2 CA-CR 2002-0386,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, December 22, 2004, Filed
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Overview: Trial court did not err in giving instruction holding juvenile defendant to an objective, adult standard of conduct because statute required that juvenile offenders, 15 years old or older, be prosecuted for violent offenses in same manner as adults.
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