Arizona Supreme Court: State of Arizona v. Preston Alton Strong Case No. CR-17-0201-AP Filed September 3, 2024 ISSUES: NOTE: This is an automatic appeal because it is a capital case. Preindictment delay Change of venue due to pretrial publicity Admissibility of evidence Juror misconduct Constitutionality of death penalty DECISIOIN: The court found no unreasonable preindictment […]
Arizona Supreme Court: Francisco, et al. v. Affiliated Urologists Ltd, et al. Case No. CV-23-0152-PR Filed Date: August 16, 2024 ISSUES: Whether FDA black box warnings can establish the standard of care in medical malpractice cases without expert testimony. Whether the Franciscos’ claim is a medical malpractice claim subject to expert testimony requirements under A.R.S.
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Arizona Supreme Court: State of Arizona v. Christopher Michael Montoya Case No. CR-22-0106-AP Filed August 15, 2024 ISSUES: NOTE: This is an automatic appeal because it is a capital case. Whether the prosecutor committed errors that denied Montoya due process, a fair trial, and freedom from arbitrary punishment. Whether the prosecutor improperly argued an unproven
Arizona Supreme Court: Lisa Gilpin v. Hon. Danielle Harris/Marcos Jerell Martinez Case No. CR-23-0252-PR Filed August 7, 2024 ISSUES: Whether a defendant found Guilty Except Insane (GEI) is considered “convicted” under Arizona’s Victims’ Bill of Rights (VBR) for the purpose of restitution. The interpretation of Arizona’s GEI statute (A.R.S. § 13-502) and related statutes in
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Arizona Supreme Court: State of Arizona v. Bennet Laquan Williams Case No. CR-23-0068-PR, Filed August 6, 2024 ISSUES: 1. Whether a plea agreement becomes void when a prior conviction used as a sentence enhancement is expunged due to a change in law. 2. Whether the State can unilaterally allege a different prior conviction to enhance
Arizona Supreme Court: Gilmore, et al. v. Gallego, et al. Case No. CV-23-0130-PR Filed July 31, 2024 ISSUES: Whether “release time” provisions in a union memorandum of understanding (MOU) violate employees’ free-speech, free-association, and right-to-work rights. Whether the release time provisions violate the Gift Clause of the Arizona Constitution. DECISION: The release time provisions do
Arizona Supreme Court: State of Arizona v. Kevin Harry Moninger Case No. CR-21-0239-PR F iled July 24, 2024 ISSUES: The allowable unit of prosecution for luring a minor for sexual exploitation under A.R.S. § 13-3554. Whether multiple convictions for luring based on a single course of conduct violate double jeopardy. Whether a luring conviction is
Arizona Supreme Court: Pima County, et al. v. State of Arizona, et al. Case No. CV-21-0213-PR Filed July 22, 2024 ISSUES: Whether the 2018 amendments to A.R.S. § 15-910 eliminated the State’s obligation to reimburse the County for desegregation expenses under § 15-972(E). Whether these amendments violate article 9, section 18 of the Arizona Constitution.
Arizona Supreme Court: Mesquite Power, LLC v. Arizona Department of Revenue Case No.: CV-23-0016-PR Filed July 22, 2024 ISSUES: Whether income from a Power Purchase Agreement can be considered under the income approach to valuation for property tax purposes. Whether the “current usage” requirement in A.R.S. §42-11054(C)(1) mandates consideration of the Power Purchase Agreement in
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Arizona Supreme Court: Staker & Parson Companies v. Scottsdale Insurance Company Case No. CV-21-0256-CQ Filed July 10, 2024 ISSUES: Whether an additionally named insured is “using” a covered vehicle when transporting cargo Whether maintenance of private roads owned by the additionally named insured constitutes “use” Whether managerial functions like safety training constitute “use” of a
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