Arizona Supreme Court: San Carlos Apache Tribe v. State of Arizona, et al. Case No. CV-22-0290-PR Filed June 27, 2024 ISSUES: Whether the construction of Shaft 10 at Resolution Copper’s mine constitutes a “new source” under the Clean Water Act (CWA). The proper framework for determining if a construction is a “new source” under the […]
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Arizona Supreme Court: Sherold D. Roaf v. Rebuck Consulting, LLC, et al Case No. CV-23-0233-PR Filed June 25, 2024 ISSUES: Whether evidence of negligent hiring should be admitted when an employer has admitted vicarious liability and there is no claim for punitive damages. Whether the admission of such evidence prejudiced the defendant, warranting a new
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Arizona Supreme Court: State of Arizona v. Kevin Dunbar Case No. CR-23-0029-PR Filed June 18, 2024 ISSUES: Whether the denial of the right to self-representation at sentencing is subject to structural error or harmless error review. How to analyze a defendant’s untimely request for self-representation at sentencing. DECISIONS: The Arizona Supreme Court held that erroneous
Arizona Supreme Court: In re the Marriage of Quijada and Dominguez Case No. CV-23-0160-PR Filed June 18, 2024 ISSUES: Whether federal immigration law preempts Arizona courts from allowing a TD visa holder to establish domicile under Arizona law for divorce proceedings. Whether 8 U.S.C. §1184(e)(1) permits a TD visa holder to change her domiciliary intent
Arizona Supreme Court: Dove Mountain Hotelco, LLC, et al. v. Arizona Department of Revenue Case No. CV-23-0176-PR Filed June 7, 2024 ISSUES: Whether reimbursements paid to a hotel for a loyalty program member’s complimentary stay constitute gross income for purposes of Arizona’s transaction privilege tax (TPT). The applicability of State Tax Commission v. Consumers Market,
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Arizona Supreme Court: Silverman, et al. v. Arizona Department of Economic Security Case No. CV-23-0181-PR Filed June 3, 2024 ISSUES: Definition of “bona fide research” under A.R.S. § 46-460(D)(8) Whether journalists can qualify for the “bona fide research” exception ADES’s discretion in releasing records under the exception DECISION: “Bona fide research” means engaging in a
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Arizona Supreme Court: State v. Perez-Gutierrez Case No. CR-23-0137-PR Filed May 31, 2024 ISSUES: Whether a violation of A.R.S. § 13-711(A), which requires courts to explain certain sentencing decisions on the record, is subject to fundamental-error review, structural-error review, or a limited-remand practice. The appropriate remedy for a violation of § 13-711(A) when a defendant
State of Arizona v. Manuel David Perez-Gutierrez Read Post »
Arizona Supreme Court: State v. Anderson Case N0. CR-23-0008-PR Filed May 2, 2024 ISSUES: Whether Anderson’s ineffective assistance of counsel (IAC) claim is untimely Whether Anderson’s IAC claim is precluded Whether Anderson presents a colorable IAC claim DECISION: Anderson’s IAC claim is not untimely due to the pervasive confusion about parole availability in Arizona at
Arizona Supreme Court: Arizona Republican Party v. Richer Case No. CV-23-0208-PR Filed May 2, 2024 ISSUES: Whether the attorney fees award against the Arizona Republican Party (ARP) and its attorneys under A.R.S. § 12-349(A)(1) and (F) was proper. Whether the ARP’s claim challenging the hand count procedure was groundless and made in bad faith. The
Arizona Supreme Court: State of Arizona ex rel. Rachel H. Mitchell v. Hon. David J. Palmer/Tamira Marie Durand Case No. CR-21-0397-PR Filed April 11, 2024 ISSUES: Whether a prosecutor’s office should be disqualified when an employee is a victim in its criminal case. How to balance a defendant’s due process rights with a
State of Arizona ex rel. Rachel H. Mitchell v. Hon. David J. Palmer/Tamira Marie Durand Read Post »