Decisions – Page 2

David Francisco, et al. v. Affiliated Urologists Ltd, et al.

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. […]

A.R.S. § 12-2603, Anti-abrogation, Medical Malpractice, standard of care

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Arizona Supreme Court, Decisions

State of Arizona v. Christopher Michael Montoya

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

Capital, Criminal Law, Fundamental error, Prosecutorial misconduct

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Arizona Supreme Court, Decisions

Lisa Gilpin v. Hon. Danielle Harris/Marcos Jerell Martinez

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

A.R.S. § 13-3992, A.R.S. § 13-3994, A.R.S. §§ 13-502, Guilty except insane, Restitution, Victim Bill of Rights

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Arizona Supreme Court, Decisions

State of Arizona v. Bennet Laquan Williams

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

Contract Law, Criminal Law, Plea Agreement, Post-Conviction Relief

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Arizona Supreme Court, Decisions

Gilmore, et al. v. Gallego, et al.

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 Constitution, Gift clause, Public Union, Release Time

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Arizona Supreme Court, Decisions

State of Arizona v. Kevin Harry Moninger

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

A.R.S. § 13-3554, DCAC, probation, unit of prosecution

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Arizona Supreme Court, Decisions

Pima County, et al. v. State of Arizona, et al.

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.

A.R.S. § 15-910, A.R.S. § 15-972, Arizona Constitution, Legislative Intent, Legislative Text, Property Tax Law, statutory interpretation

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Arizona Supreme Court, Decisions

Mesquite Power, LLC v. Arizona Department of Revenue

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

A.R.S. § 42-11001, A.R.S. §42-11054, A.R.S. 42-14156, Property Tax, Property Valuation

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Arizona Supreme Court, Decisions

Staker & Parson Companies, Inc. v. Scottsdale Insurance Company

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

certified question, Insurance Law, Liability, Vehicle Use

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Arizona Supreme Court, Decisions

San Carlos Apache Tribe v. State of Arizona, et al.

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

ADEQ, Clean Water Act, EPA, Mining, Water Law

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