Decisions summaries for cases decided by the Arizona Supreme Court.
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Arizona Supreme Court: Case No. CV-24-0114-PR Filed February 7, 2025 In re Termination of Parental Rights as to M.N. Key Legal Issues: Whether a potential father served with notice under A.R.S. § 8-106(G) is required to file a notice of claim of paternity with the putative fathers registry under A.R.S. § 8-106.01. The distinction between […]
Arizona Supreme Court: State of Arizona, et al. v. Foothills Reserve Master Owners Association, Inc., et al., Case No. CV-23-0292-PR, Filed January 28, 2025 Key Legal Issues: Whether severance damages are available to landowners when their appurtenant easements are condemned in the context of eminent domain but their physical real property is not taken. Whether
State of Arizona, et al. v. Foothills Reserve Master Owners Association, Inc., et al. Read Post »
Arizona Supreme Court: Case No. CR-94-0454-AP Filed January 6, 2025 State v. Spreitz Key Legal Issues: Whether the Arizona Supreme Court applied an unconstitutional “causal nexus” test in its previous review of Spreitz’s death sentence. Whether Spreitz’s longstanding substance abuse and other mitigating factors were properly considered without requiring a causal connection to the crime.
Arizona Supreme Court: Case No. CR-23-0236-PR Filed December 17, 2024 State of Arizona v. Ian Mitcham Key Legal Issues: Whether sequencing a DNA profile from a blood sample obtained during a DUI arrest constitutes a search under the Fourth Amendment. Whether the scope of consent for a blood draw for DUI testing extends to creating
AZ Supreme Court: No. CV-23-0284-PR Filed October 17, 2024 City of Mesa; Gustavo Williams v. The Honorable Timothy Ryan, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa; Philip Rogers ISSUES: 1. Whether Philip Rogers complied with A.R.S. §12-821.01(A) by serving notices of claim on the City of Mesa
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.
David Francisco, et al. v. Affiliated Urologists Ltd, et al. Read Post »
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
Lisa Gilpin v. Hon. Danielle Harris/Marcos Jerell Martinez Read Post »
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