Decisions summaries for cases decided by the Arizona Supreme Court.
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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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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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