SPECIAL ACTION
ALL LINKS ON THIS PAGE ARE PDF FILES AND WILL REQUIRE ADOBE ACROBAT
READER
December 22, 2009 . . . . SA 09-0260 . . . . . . . .
.Trombi v. Hon. Donahoe/Alvarez-Miranda
1. Does a presiding judge have authority to consolidate multiple cases for
the limited purpose
of hearing contempt proceedings involving a common issue?
2. Does the superior court have the power to order the timely transport of
inmates to
court proceedings by the Sheriff?
3. May the court impose civil contempt sanctions requiring payment of
compensation to
participants in criminal cases that cannot be avoided by future compliance with
court orders?
December 1, 2009 . . . . . SA 09-0152 . . . . . . . .
.Schoeneweis v. Hon. Hamner/Fischione
1. Are Medical Examiner's Records "public records?"
2. Are autopsy reports subject to public release when a death results from
potential criminal conduct?
3. Are death certificates public records?
4. Are death certificates subject to public release?
October 27, 2009 . . . . . .SA 09-0130 . . . . . . . .
.Sorokin v. Hon. Arnold/I.T.
Is a mental health screening agency filing a petition for evaluation of a person
alleged to be a danger to others required by Arizona Revised Statutes section
36-521(G) to provide the court with any recommendation made by the county
attorney pursuant to that statute or only one recommending no further
proceedings?
October 8, 2009 . . . . . . .SA 09-0145 . . . . . . .
. .American Family v. Hon. Grant/Allo
Did the trial court abuse its discretion in enforcing a broad subpoena duces
tecum to
an expert witness that directed him to produce extensive documentation about his
service as an expert and his financial records for a period of nine years?
September 10, 2009 . . . .SA 09-0146 . . . . . . . .
.Francis v. Hon. Sanders/MCAO
Must the state respond accurately to a grand juror's question concerning the law
governing an affirmative defense?
September 10, 2009 . . . .SA 09-0153 . . . . . . . .
.Cicoria v. Hon. Cole/State
Did the courts below err in determining that petitioner was required to serve
180
days in jail based on a BAC exceeding .20 within two hours of driving, even
though the sentencing enhancement statute did not specifically incorporate the
"within two hours of driving" language from other parts of the statute?
September 3, 2009 . . . . .SA 09-0144 . . . . . . . .
.State v. Hon. Duncan/Escalante
Orozco
Whether the superior court can limit the evaluative method an expert may use
during
the Arizona Revised Statutes section 13-753 prescreen evaluation?
September 1, 2009 . . . . .SA 09-0042 . . . . . . . .
.Carrillo v. Hon. Houser/Phoenix
City Prosecutor's Office
Is a finding that a defendant failed to refuse to a blood draw in a DUI case a
sufficient basis for the denial of a motion to suppress on the ground that
defendant
consented to the search?
August 25, 2009 . . . . . . .SA 09-0151 . . . . . . .
. .Campbell v. Hon. Barton/Thomas
May a criminal defendant who files a notice of change of judge as a matter of
right under Rule 10.2 before the State elects to seek the death penalty file a
second notice of change of judge after the State announces its intention to seek
the death penalty?
July 21, 2009 . . . . . . . . . SA 09-0082 . . . . . .
. . .State v. Hon. Grant/Lennar
Does a protective order bar a non-party who is aware of the order from
disclosing
information known to be protected by the order?
June 30, 2009 . . . . . . . . .SA 09-0083 . . . . . .
. . .Salt River v. Hon. Dunevant/Gravel
1. Does the superior court have discretion to set a supersedeas bond for
less than
the amount of the judgment if the judgment debtor is able to demonstrate that
posting
of a full supersedeas bond would subject it to undue financial burden?
2. In such a situation, can the court require the judgment debtor to post
alternate
security for a reduced bond?
June 16, 2009 . . . . . . . . .SA 09-0026 . . . . . .
. . .Huerta v. Hon. Nelson/Huerta
May a party that has not exercised a peremptory notice of change of judge
pursuant to Rule 42(f)(1) prior to consolidation do so after consolidation, if
another party on the same "side" in the consolidated case has already exercised
a peremptory challenge?
June 2, 2009 . . . . . . . . . .SA 09-0015 . . . . . .
. . .Arpaio v. Hon. Davis/Mundell
1. Did the Superior Court violate the substance of the Public Records Law
in
denying the Sheriff's judicial records request pursuant to Rule 123?
2. Was the administrative review of the judicial records request
inconsistent with
the principles of government checks and balances?
3. Was the request for administrative review timely?
June 2, 2009 . . . . . . . . . .SA 09-0052 . . . . . .
. . .State v. Hon. Newell/Milagro
Whether the State can be ordered to complete any scientific testing within a set
time period as a sanction for a putative disclosure violation?
May 28, 2009 . . . . . . . . .SA 09-0007 . . . . . . .
. .Jordan v. Hon. Rea/Romine
1. What standard is the superior court to apply when divorced parents who
are
to work jointly in determining school placement for their child are unable to
agree?
2. May a child be precluded from attending a private religious school
solely
because one parent objects on religious grounds?
May 22, 2009 . . . . . . . . .SA 09-0077 . . . . . . .
. .Alejandro v. Hon. Harrison/State
Does a trial court have discretion to refuse to accept an unconditional,
voluntary
and knowing offer to plead guilty to fewer than all counts of an indictment
solely
because the State objects to the plea on the ground it interferes with the
State's
desire to have a jury trial on all counts of the indictment?
April 30, 2009 . . . . . . . . .SA 08-0269 . . . . . .
. . .Jilly v. Hon. Rayes/Carter
Does Arizona Revised Statutes section 12-2603 (2008) conflict with the
Arizona Supreme Court's rulemaking authority?
April 14, 2009 . . . . . . . . .SA 08-0240 . . . . . .
. . .Egan v. Hon. Fridland-Horne/Hochmuth
1. In seeking in loco parentis visitation rights, is the nonparent
required to show
that there has been a complete denial (or the substantial equivalent) of
visitation
with the child as a prerequisite to filing a petition under Arizona Revised
Statutes
section 25-415(C)?
2. In considering a request for visitation of a child under Arizona
Revised Statutes
Section 25-415(C), must the superior court consider the factors set forth in
Arizona Revised Statutes section 25-409 to determine whether the requested
visitation is in the child's best interests?
3. Did the superior court err in awarding equal visitation rights to a
nonparent
standing in loco parentis pursuant to Arizona Revised Statutes section
25-415(C)?
March 5, 2009 . . . . . . . . .SA 08-0282 . . . . . .
. . .Zenith v. Ballinger/Cassidy
Does Rule 24 allow post-judgment intervention in order to access documents
shielded by a protection order?
February 26, 2009 . . . . . .SA 09-0011 . . . . . . .
. .State v. Donahoe/Osequera
May a trial judge inquire into the source of a defendant's bond funds when the
State raises a colorable claim that the monies come from drug-trafficking or
other illicit activities?
December 18, 2008 . . . . .SA 08-0263 . . . . . . . .
.Patterson v. Mahoney/State
Whether siblings of a murder victim who may be witnesses can be precluded
from being in the courtroom pursuant to Arizona Rule of Criminal Procedure
9.3(a) during the trial.
December 4, 2008 . . . . . .SA 08-0237 . . . . . . . .
.Reed v. State/Burke
Does the ten-day deadline in Arizona Rule of Criminal Procedure 10.2(c)
apply to a motion for change of judge when the triggering event is the
withdrawal of a plea under Rule 17.4(g)?
October 30, 2008 . . . . . . SA 08-0205 . . . . . . .
. .Queen Creek v. Gilbert
1. Who has the burden of proof in a condemnation proceeding on the issue
of
whether the condemning authority has complied with Arizona Revised Statutes
section 12-1115(A)?
2. What is the applicable standard for determining whether a condemning
authority's decision under Arizona Revised Statutes section 12-1115(A) is
"unnecessarily injurious"?
3. Is a condemning authority required to balance "least private injury" on
both
a collective basis and one that is specific to each landowner?
4. Did the trial court err in determining that the Town of Gilbert
properly
balanced the "greatest public good" and "least private injury"?
5. Did the Town of Gilbert, in its application of Arizona Revised Statutes
section 12-1115(A), violate Canyon State Academy's rights to equal
privileges and equal protection under the Arizona Constitution and the
United States Constitution?
July 31, 2008 . . . . . . . . . .SA 08-0102 . . . . .
. . . .Nowell v. Rees/State
Do the statutes and rules applicable to determining competency to stand trial
limit the trial court's authority to order restoration to the twenty-one months
after the original finding of incompetency?
April 24, 2008 . . . . . . . . .SA 07-0179/0181). . . . Segura v. Cunanan/State
If a
defendant is charged with an offense that makes him not entitled to bail under
the
Arizona Constitution, does due process require that a conclusive no-bail
determination
may only be made following a full hearing at which the State has the burden of
proof
and the defendant has the right to counsel and the right to cross-examine
witnesses
and offer evidence?
April 22, 2008 . . . .. . . . . SA 08-0011 .
. . . . . . . . NE Phoenix Holdings v. Winkleman
1. In connection with a proposed auction of state trust lands, did the
State Land
Commissioner appraise certain rights-of-way as required under the Enabling Act
and the Arizona Constitution?
2. Did the Commissioner's appraisal method of combining the value of the
rights-
of-way with the value of the parcel to be leased substantially comply with the
requirements of the Enabling Act and the Arizona Constitution?
March 6, 2008 . . . . . . . . .SA 07-0238 . .
. . . . . . . Villares v. Pineda/Villares
Did the trial court err in entering temporary orders at a Resolution Management
Conference after Wife objected and requested a hearing on the contested issues?
February 26, 2008 . . . . . . . 1 CA-SA 07-0267 . . .
. Arpaio v. Baca/Washington
1. Did the presiding criminal judge for Maricopa County Superior Court
exceed
her authority when she held a joint hearing involving cases over which she was
not
assigned to resolve the ancillary issue common to all the cases: whether the
reduction
in privileged visiting hours for Maricopa County jail inmates violated their
Sixth
Amendment right to access to counsel?
2. Did the court exceed its authority when it granted injunctive
class-style relief to
all of the approximately 10,000 inmates in the Maricopa County jail
system?
February 19, 2008 . . . . . . . 1 CA-SA 07-0268 . . .
. . Munari v. Hotham/Winiarski
May a court find a relocating parent in contempt for a failure to comply
with a
grandparent's visitation rights?
October 25, 2007 . . . . . . . 1 CA-SA 07-0201 . . . .
State v. Contes/Perez
Does the
definition of “prohibited possessor” in A.R.S. section 13-3101(A)(6)(e),
which includes persons who are prohibited possessors under 18 U.S.C. section
922(g)(5), as excepted by subsection (y) of that provision, require proof that
possession of any firearm or ammunition affected interstate commerce?
October 2, 2007 . . . . . . . . . 1 CA-SA 07-0092 . .
. . . Hernandez v. Lynch/State
Does Proposition 100 apply to those
persons who once entered or remained illegally
within the United States but are now legal resident aliens or United States
Citizens?
Is
Proposition 100 facially constitutional under substantive due process and equal
protection requirements?
September 18, 2007 . . . . . . . 1 CA-SA 07-0169 . . .
. Alexandria M. v. McClennen/State
Can the juvenile
court defer an advisory hearing after the juvenile has been found to be
incompetent on an earlier delinquency petition?
September 6, 2007 . . . . . . . 1 CA-SA 07-0065 . . .
. . State v. Ditsworth/Patel
Are physician statements, made in response to an investigation by the Arizona
Medical Board, privileged and therefore inadmissible in grand jury proceedings
when the Board determines that a criminal violation involving the delivery of
health care may have occurred?
August 21, 2007 . . . . . . . . 1 CA-SA 07-0124 . . .
. . . . State v. Duncan/Reagan
May evidence of justification in a
manslaughter case, that would be precluded under
§§ 13-401(A) -412(C) and -417(C), if a justification defense were sought, be
admitted
if it is relevant on a separate issue?
July 24, 2007 . . . . . . . 1 CA-SA 07-0078 . . . . . .
Town of Gilbert v. Downie/Matykiewicz
Under the relevant statutes related
to restitution for contracting without a license, is an
unlicensed contractor entitled to any “offset” for portions of the fee received
by the
contractor from the homeowners and allegedly paid over to subcontractors and
materialmen?
June 26, 2007 . . . . . . . .. 1 CA-SA
06-0277 . . . . . . . Catrone v. Miles
Are special education records, regardless of the content, privileged?
Can the statutory interest in "confidentiality" of special education records
preclude
their disclosure?
June 12, 2007 . . . . . . . . . . 1 CA-SA
07-0099 . . . . . . Phoenix Newspapers v. Ellis
Is a notice of claim filed with a school district on behalf of an anonymous
minor sexual assault victim
a public record?
May 24, 2007 . . . . . . . . . . . 1 CA-SA 06-0197 . .
. . . . Heath v. Kiger
Does the phrase “admitted to bail” include a defendant being released on
his own recognizance?
April 26, 2007 . . . . . . . . . . . 1 CA-SA
07-0052 . . . . . . Lincoln v. Holt
1. Does A.R.S. § 13-4433(H) give the
specified parent or legal guardian of
the minor crime victim the right to refuse to submit to a pretrial interview on
that parent’s or legal guardian’s own behalf?
2. Is A.R.S. § 13-4433(H)
constitutionally valid?
March 30, 2007 . . . . . . . . . . . . 1 CA-SA
06-0208 . . . . . . . . State v. Hon. Slayton/Remmert
Can a defendant be held liable for violating certain sections of Arizona Revised
Statutes (A.R.S.)
section 17-309 without establishing any culpable mental state?
January 18, 2007 . . . . . . . . . . . 1 CA-SA
06-0274 . . . . . . . . ADES v. Reinstein
Does a parent whose rights to his or her child who is the subject of ADES
termination proceedings and
who has
asked for a jury before December 31, 2006 has the right to a jury although the
statute granting
that right was
repealed effective December 31, 2006?
January 16, 2007 . . . . . . . . . . . 1 CA-SA
06-0114 . . . . . . . . Goddard v. Fields
Is the Attorney General entitled to absolute immunity for allegedly defamatory
statements he published
in a press release?
January 11, 2007 . . . . . . . . . . . . 1 CA-SA
06-0173 . . . . . . . . . State v. Klein/Simpson
Does the definition of "criminal offense" under A.R.S. § 13-4401(6)
unconstitutionally limit the Victims' Bill
of Rights, Ariz. Const. art 2, §
2.1?
December 19, 2006 . . . . . . . . . . 1 CA-SA 06-0195 . . . . . . . . . Robbins
v. Darrow/State
In a misdemeanor prosecution under Arizona Revised
Statutes (A.R.S.) section 28-1381 (2004), is the
existence of a prior DUI
conviction an element of the offense created by that statute, or instead, is a
sentencing enhancer?
November 14, 2006 . . . . . . . . . .
. . . SA 06-0193 . . . . . . . . . . . . State v. Talamante
Is a historical prior felony conviction for a sexual offense an element of the
crime of violent
sexual assault as set forth in A.R.S. § 13-1423
that the State must be allowed to present
to the jury in its case-in-chief?
October 24, 2006 . . . . . . . . . . .
. . . . . SA 06-0106 . . . . . . . . . . . . . . State v. Gottsfield
Do the Arizona
Rules of Civil Procedure and Arizona Ethical Rule 4.2 apply to Sexually Violent
Persons
post-commitment discovery proceedings?
October 3, 2006 . . . . . . . . . . .
. . . . . . SA 06-0116 . . . . . . . . . . . . . . . . . State v. Gordon
Under Rule 10.4(b), is a party who has exercised a preemptory change of judge
before appeal and remand
entitled, after appeal and remand, to request a change of judge as a matter of
right?
August 15, 2006 . . . . . . . . . . .
. . . . . . SA 06-0006 . . . . . . . . . . . . . . . . . . State v. Rayes
May a trial judge remedy a deprivation of effective assistance of counsel
occurring when defendant's attorney fails to communicate a plea offer to him
before its expiration by compelling the County Attorney to reinstate the plea
offer?
August 15, 2006 . . . . . . . . . . . . . . . . . . SA
06-0130 . . . . . . . . . . . . . . . Lemke v. Rayes
1. Does the Double Jeopardy Clause
prohibit the State from retrying a defendant for felony murder when the jury at
the first trial convicted defendant of theft, the lesser-included of the
predicate offense of armed robbery, but was unable to reach a verdict as to the
felony murder count?
2. Does the
doctrine of constitutional collateral estoppel prevent the State from proving
that defendant committed armed robbery, for which he was acquitted at the first
trial, as the predicate offense at his second trial for felony murder.
May 23, 20006 . . . . . . . . . . . .
. . . . . SA 05-0207 . . . . . . . . . . . . PM v. Gould/Moore
Do the State’s
interests in securing an aggravated punishment at a sentencing hearing and the
defendant’s due process rights justify a trial court’s order to disclose the
victim’s privileged communications with a counselor?
March 30, 2006 . . . . . . . . . . . .
. . . . . SA 05-0022 . . . . . . . . . . . . State v. Schneider/Hanna
In appropriate circumstances, may the attorney-client privilege apply to
communications between a government official and a government attorney in a
grand jury proceeding in which an indictment is sought against the government
official?
February 28, 2006 . . . . . . . . . .
. . . . . . SA 05-0129 . . . . . . . . . . . . . . Slade v. Schneider
Did the trial court properly determine that the records and information sought
by Petitioners is protected under the Confidentiality Statute?
February 23, 2006 . . . . . . . . . .
. . . . . . SA 05-0303 . . . . . . . . . . . . Williams v. Miles
May a trial court comply with the bond requirements set forth in A.R.S. §
12-1182(B) by requiring that bond be posted in an amount sufficient to cover the
rental value of the premises pending appeal?
February 14, 2006 . . . . . . . . . .
. . . . . . SA 05-0266 . . . . . . . . . . . . . . Anderson v. Contes
Is an appellate court remand that may require the presentation of additional
evidence on one or more issues in the trial court tantamount to a "new trial"
for purposes of Arizona Rule of Civil Procedure 42(f)(1)(E), thereby renewing
the parties' right to a peremptory change of judge?
November 17, 2005 . . . . . . . . .
. . . . . .SA 05-0183 . . . . . . . . . . P&P Mehta v. Ariz. DLC
When A.R.S. § 12-911(A)(1) states that a stay of an administrative agency's
decision may be obtained upon a showing of "good cause," what does good cause
mean?
November 1, 2005 . . . . . . . . .
. . . . . . SA 05-0187 . . . . . . . . . . . . State v. Jones/Phipps
Is evidence of refusal to perform field sobriety tests admissible in a DUI
prosecution?
September 13, 2005 . . . . . . . . . .
. . . . . . SA 05-0118. . . . . . . . . . . . . .Phoenix City
Prosecutor v. Klausner
Did Derendal v. Griffith, 209 Ariz. 416, 104 P.3d 147 (2005), reverse
supreme court precedent that misdemeanor assault cases are not jury eligible?
September 6, 2005 . . . . . . . . . .
. . . . . . . SA 05-0190 . . . . . . . . . . . . Robinson v. State
Does an indigent criminal defendant possess state and federal constitutional
rights to choose non-publically funded private counsel to represent his
interests in defending criminal charges?
September 1, 2005 . . . . . . . . .
. . . . . . . . SA 05-0124 . . . . . . . . . . . . . State v.
Blake/Lugo
Did the trial court err in preventing the State from trying in absentia a
criminal defendant released on bail who requested and received voluntary
departure from immigration officials, based on the reasoning that the voluntary
departure procedure was not truly voluntary?
September 1, 2005 .. . . . . . . . . .
. . . . . . SA 05-0001 . . . . . . . State v. Foreman/Phillips
Does A.R.S. § 13-4426.01, which precludes discovery of a victim impact statement
before it is given and cross-examination, violate the Sixth, Eighth and
Fourteenth Amendment?
August 30, 2005 . . . . . . . . . . .
. . . . . . . . . . SA 05-0153 . . . . . . . . . . Astorga v. Greer
Is a state superior court required to stay proceedings before it pending a
determination by a tribal court whether it had jurisdiction over a parallel
action filed by plaintiffs in tribal court?
August 30, 2005 . . . . . . . . . . . . . . . . . . .
. . SA 05-0112 . . . . . . . . Snyder v. State
Does a case qualify for the Criminal Rule 8.2(a)(3) speedy trial exception for a
"complex case" because DNA evidence might be admitted at trial, and the record
shows that all delay related to the DNA evidence was caused either by unexcused
police delay in obtaining a sample or unexplained laboratory delay in testing?
August 25, 2005 . . . . . . . . . . .
. . . . . . . . . SA 05-0082 . . . . . . . . . . . . State v. Levinson
Are defendants charged with misdemeanor DUI’s entitled to a jury trial?
August 4, 2005 . . . . . . . . .
. . . . . . . . . . . . . SA 05-0089 . . . . . . . . . . . . . Lana
A. v. State
May a juvenile be subject to predisposition detention when the juvenile was not
afforded the right to counsel at her initial incorrigibility hearing?
June 23, 2005 . . . . . . . . . . . . . . . . . . . .
.SA 05-0061 . . . . . . . Newkirk v. State
Does Derendal require jury trials on allegations of prior convictions?
December 14, 2004 . . . . . . . . . . . . . . . .
SA 04-0140 . . . . . . . . . . . Waters v. O'Connor/State
How should "clerical status" be determined for purposes of A.R.S. §
13-406(2)(3)?
October 14, 2004 . . . . . . . . . . .. . . . .
. . SA 04-0180 . . . . . . . . . . . State v. Conn/Tinnell
Can the state give pretrial notice of aggravating factors under Blakely v.
Washington, ___ U.S. ___, 124 S. Ct. 2531 (2004)?
September 21, 2004 . . . . . . . . . . . . . SA 04-0183 . . . . . . . . . . . .
. . .Aragon v. Wilkinson
Did the recent decision in Blakely v. Washington, 124 S. Ct. 2531 (2004),
coupled with a defendant’s refusal to waive her right to a jury trial on the
existence of factors sufficient to allow the court to impose an aggravated
sentence, justify the State’s motion to withdraw from a plea agreement entered
with that defendant and previously accepted by the superior court?
August 10, 2004 . . . . . . . . . . . . . . . SA
04-0110 . . . . . . . . . . . . . . State v. Dairman
May the trial court appoint a victim’s representative for a minor victim when
the defendant is not part of the victim’s “immediate family” as provided in
A.R.S. § 13-4403 (C) (2001)?
May 27, 2004 . . . . . . . . . . . . . . . . SA
04-0052 . . . . . . . . . . . . . . Master Financial v. Hillman
Can a plaintiff pursuing a money judgment against a defendant whose
residence is unknown but whose last known residence was within the state, or who
has avoided service, serve the defendant by publication in accordance with the
requirements of Rule 4.1(n) of the Arizona Rules of Civil Procedure?
May 20, 2004 . . . . . . . . . . . . . . . . SA
04-0051 . . . . . . . . . . . . . . John C. v. Sargeant/ADES
When the State is attempting to sever a parent's rights to his child due to
the length of his incarceration, may his right to a jury trial pursuant to
A.R.S. § 8-223 be conditioned on his ability to personally appear when federal
authorities refuse to transport him to the severance proceeding?
April 22, 2004 . . . . . . . . . . . . . . . . .
SA -03-0289 . . . . . . . . . . . . . . Levinson v. Lopez
Can an amended complaint that adds a defendant relate back to the date of
the original complaint under Rule 15(c) of the Arizona Rules of Civil Procedure
without any showing of mistake concerning the identity of the party to be added?
March 30, 2004 . . . . . . . . . . . . . SA
04-0054 . . . . . . . . . . . . . . . . . . O'Connor v. Hyatt/State
If a person is placed on probation for a first or second conviction under
Proposition 200 and later violates the terms of her probation, may she be given
jail time as a condition of her reinstated probation under the pre-November 2002
version of section 13-901.01E?
March 18, 2004 . . . . . . . . . . . SA
03-0268 . . . . . . . . . . . . . . . . Jackson v. State
Did the trial court err by placing Jackson on lifetime probation as a result of
a conviction of public
sexual indecency, a class 1 misdemeanor, even though public sexual indecency is
an offense included
in title 13, chapter 14 of the A.R.S.?
February 26, 2004 . . . . . . . . . . SA 03-0188
. . . . . . . . . . . . . . Simpson v. Owens/State
Is a bail hearing required to determine if "the proof is evident or
presumption great," and if so, what is
the standard of proof?
January 29, 2004 . . . . . . SA 03-0171 . . . . . . .
. Orsett/Columbia v. Superior Court
Does A.R.S. § 12-1113 permit a county to condemn a mere leasehold interest
in a portion of
a privately-owned shopping center?
December 4, 2003 . . . . . . . . SA
03-0185 . . . . . . . . . . Parent v. State
May a sentencing court permit the State to allege prior felony convictions for
sentence enhancements after another superior court judge has already accepted
the defendant’s guilty plea without any allegations of prior convictions?
October 23, 2003 . . . . . . . . . SA 03-0146 . . . .
. . . . . Behrens v. Behrens
Does good and sufficient cause under A.R.S. § 12-406(B)(3) allow a trial court
to transfer venue even after the case was initiated in a proper county?
October 8, 2003 . . . . . . . . SA 03-0150 . . . . . .
. . . . . . . Standhardt v. Superior Court
Does Arizona's prohibition of same-sex marriages violate petitioners' rights
under the federal
and state constitutions to substantive due process, equal protection, or
privacy?
October 1, 2003 . . . . . . SA 02-0108 . . . . . . . .
. . . . . . . . . . . . Bailey v. City of Mesa
When a governmental entity proposes to condemn and take private property
that will be conveyed to private parties for redevelopment purposes, does
Article 2, Section 17 of the Arizona Constitution prevent such a taking unless
the anticipated public benefits and characteristics substantially outweigh the
private nature of the end use?
September 23, 2003...............SA
02-0270...........................................Raney v. Superior Court
1. Must the state allege a previous conviction for a defendant to be
sentenced under A.R.S.
§ 13-901.01(F)?
2. Does a preparatory drug offense qualify as a prior conviction under
A.R.S. § 13-901.01?
September 23, 2003...............SA
03-0001..................Raye v. Phoenix City Prosecutor's Office
Does a person charged with violating A.R.S. § 4-244(33) ("underage
drinking and driving") have
a right to trial by jury?
September 23, 2003...............SA
03-0157................................................Cervantes v. State
1. Whether Criminal Rule 15.1 prohibits the State from copying
pornographic material to provide to
the defense for litigation.
2. Who has the burden of proof in seeking a protective order under
Criminal Rule 15.5(a)?
September 16, 2003...............SA 03-0085.......AZ
Independent Redistricting v. AZ Minority
1. Do the members of the Arizona Redistricting Commission possess a
legislative privilege?
2. Does the privilege extend to protect communications with
independent contractors hired to
assist the commissioners?
3. Does the privilege apply to protect documents?
4. Did the Commission waive any legislative privilege shielding
communications with consultants
by designating these consultants as expert witnesses?
September 2, 2003..................SA
03-0152.......................................................State v. Flath
Do the amendments effectuated by Proposition 103 to Article 2, Section 22, of
the Arizona
Constitution and A.R.S. § 13-3961 violate the ex post facto provisions of the
state and federal
constitutions?
June 17, 2003 .........................SA 03-0087
.....................................................Goy v. Jones
Was the Superior Court correct in concluding that a law-enforcement officer
testifying during a
criminal trial may read his report as evidence pursuant to Arizona Rule of
Evidence ("Rule") 803(5)
permitting such hearsay if the hearsay is of a nature of a "recorded
recollection"?
June 12, 2003..........................SA
03-0018.......................................................Sun Health v.
North
1. Does the statutory peer review privilege protect from discovery (a) the
statement of reasons for
suspending a doctor; and (b) the medical charts of plaintiff's decedent?
2. Does the privilege apply to requests for admission of otherwise
privileged information?
3. Does the privilege unconstitutionally abrogate
plaintiff's right of action?
May 8, 2003............................SA
03-0054.................................................................State v.
Reyes
A waiver of confidentiality signed by inmates as a condition of
participation in a sex offender treatment
program authorizes the disclosure of information but indicates that the waiver
does not authorize the
release of information relating to undocumented sexual misconduct. The SVP
statute requires the
state agency with jurisdiction over the alleged SVP to disclose all
psychological and psychiatric
assessments done on the alleged SVP. Some of the assessments done in the
sex offender treatment
program contain evidence of undocumented sexual misconduct by the alleged SVP.
Do the terms
of the waiver prevent the state from disclosing information obtained in the sex
offender treatment
program, when the statute compels their disclosure?
April 8, 2003...........................SA
03-0014.................................................................Boynton
v. State
Is the criminal offense of luring a minor for sexual exploitation a
"dangerous crime against children"?
March 20, 2003.......................SA
02-0277..................................................................Ugalde
v. State
1. Does A.R.S. § 36-3706 mandate that a person accused of being a
sexually violent person (SVP)
must be tried within 120 days after the filing of the petition?
2. What is the test to be applied by trial courts to determine whether a
SVP petition which remains
untried after 120 days must be dismissed?
February 27, 2003 ..................SA
02-0337..................................................................Montero
v. State
Did the State have to prove that Defendant's conviction was a
"violent" crime at the time it was charged to
later allege that the charge disqualified Defendant for mandatory probation on a
drug related charge?
February 7, 2003 . . . . . . .. . . SA
03-0002 . . . . . . . . . Roman Catholic Diocese of Phoenix v. Superior
Court
Does the 1994 amendment to the civil attorney-client privilege statute also apply to the criminal attorney-client privilege statute?
Whether Rule 23(D), Arizona Rules of Juvenile Procedure, allows the juvenile court to base a finding of probable cause for pre-adjudication detention solely on a bare-bones Arizona Traffic Ticket and Complaint?
Is a person declared indigent by the court entitled to have the opportunity to demonstrate to the court that her proposed expert witnesses are reasonably necessary for her defense and, if so, should the experts be retained at government expense?
Can the trial court determine, as a matter of law, that a defendant has a prior conviction for a "violent crime," and is therefore not eligible for probation pursuant to Proposition 200?
Did the trial judge abuse her discretion by rejecting the defendant's request to revoke his probation and sentence him to a term of incarceration with the Department of Corrections?
Under Arizona Rule of Evidence 609(a)(1), can the state impeach a defendant with a prior conviction sentenced under A.R.S. § 13-901.01?
Is the surcharge levied pursuant to A.R.S. § 16-954(C) constitutional?
In DUI prosecutions, may a defendant introduce evidence, that, although for most individuals the amount of alcohol in 210 liters of their breath is equal to the amount in 100 milliliters of their blood, his individual ratio was greater due to various factors?
Does A.R.S. § 12-821, which establishes a one-year statute of limitations for bringing "all actions" against any public entity, supercede Maricopa County Municipal Water Conservation Dist. No. 1 v. Warford, 69 Ariz. 1, 206 P.2d 1168 (1949), which held that an inverse condemnation action was timely if brought within the ten-year period necessary for establishing a prescriptive easement?
Whether, and on what terms, home state jurisdiction has priority under the UCCJEA when different states compete for initial jurisdiction of a child custody dispute?
May the juvenile court appoint the public defender to represent indigent juveniles charged with incorrigibility offenses where there is no risk of detention, under A.R.S. §§ 11-584 and 8-221?
Is a superior court order that the victim be fingerprinted to resolve a motion to determine counsel in violation of the Victim's Bill of Rights?
February 5, 2002 . . . . . . . . . . . . . . . .SA 01-0168 . . . . . . . . . . . . . Blake v. State
Do (1) A.R.S. § 13-3994(A), (F), and (G) require a mandatory initial confinement period of 120 days, and if so, (2) is such a confinement period unconstitutional?
Does an order permitting a party's relative to ask questions and make arguments on that party's behalf conflict with the supreme court's jurisdiction to regulate the practice of law?
December 31, 2001 . . . . . . . . . . . . SA 01-0245 . . . . . . . . . . . . . .Fisher v. State
Is sex offender registration for the lifetime of the offender?
Does the bail schedule statute, A.R.S. § 22-424, violate a defendant's due process rights by omitting felony DUI from those offenses for which release can be secured by posting the scheduled bail amount?
Does the Board of Dental Examiners have the statutory and constitutional authority to summarily suspend a dental license without a hearing?
November 29, 2001 . . . . . . . . . . . .SA 01-0237 . . . . . . . . . . . . . . .Arpaio v. ADOC
Does the local sheriff or the department of corrections have the duty to transport prison inmates to court for civil cases?
November 20, 2001 . . . . . . . . . . . . .SA 01-0164 . . . . . . . . . . . . . . State v. Medina
In commitment proceedings under the Sexually Violent Person's Act, is a Frye hearing needed to determine whether testifying mental health experts may rely on actuarial models in forming their opinions regarding the likelihood that a person will engage in acts of sexual violence?
Can a phlebotomist be qualified under A.R.S. § 28-1388(A) to draw blood for purposes of determining the alcohol concentration of a person suspected of driving under the influence?
August 16, 2001 . . . . . . . . . . . . . . . . SA 01-0072 SA 01-0109. . Andrews v. Hon. Willrich
Do A.R.S. §§ 8-302(B) and 13-501(B) violate the separation of powers doctrine by vesting exclusive authority in the prosecutor to determine whether juveniles in specified circumstances will be tried as adults?.
1. Does A.R..S. section 13-901.01 mandate a sentence of probation for conviction of A.R.S. section 28-1381(A)(3)(driving while there is a drug or its metabolite in the body)?
2. Do the results of a drug screening test fail the admissibility test for scientific evidence set forth in Frye?
3. Is a chemical analysis of a person's blood, breath, or urine necessary to support a conviction for driving while having a drug or its metabolite in the body?
Pursuant to A.R.S. section 37-301(A), did Petitioner timely protest a proposed auction of public trust land when the protest was made 31 days after publication in a newspaper of general circulation and 30 days after publication in a newspaper nearest the public property?
Does use of the term "simultaneously" in section 36-3703(A) of the Sexually Violent Persons Act require that the mental health experts appointed to examine an SVP detainee conduct their examinations at exactly the same time, or may the experts examine the detainee individually and independently?
September 12, 2000 . . . . . . . . . . . . . . SA 00-0054 . . . . . . . . . . . . State v. Porter
May an unlicensed contractor, convicted of the misdemeanor of acting as a residential contractor without a license, be required, by order of restitution, to reimburse a contracting homeowner for the economic damages that the homeowner suffered from the contractor's incomplete and faulty work?
Is a unanimous verdict of an eight-person jury required before civilly committing a person subject to the Sexually Violent Persons Act?
Does the corpus delicti rule apply to a preliminary hearing?
May a person subject to detention under the Sexually Violent Persons Act refuse to be deposed by the state in advance of the hearing on his possible commitment?
May an individual subject to a psycho-sexual evaluation as required by the Sexually Violent Persons Act be held in contempt of court for refusing to undergo the evaluation?