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Arizona Case Commentaries

Off-Road ATV Exclusion Upheld: State Farm Automobile v. Orlando Establishes Definition of “Motor Vehicle” for UMA-Based UIM Coverage

Off-Road ATV Exclusion Upheld: State Farm Automobile v. Orlando Establishes Definition of “Motor Vehicle” for UMA-Based UIM Coverage

Date: May 30, 2025
Off-Road ATV Exclusion Upheld: State Farm Automobile v. Orlando Establishes Definition of “Motor Vehicle” for UMA-Based UIM Coverage 1. Introduction In State Farm Automobile Insurance Company v....
Arizona Supreme Court Holds No Statute-Imposed Duty for Liquor Regulator to Prevent Overservice

Arizona Supreme Court Holds No Statute-Imposed Duty for Liquor Regulator to Prevent Overservice

Date: May 20, 2025
Arizona Supreme Court Holds No Statute-Imposed Duty for Liquor Regulator to Prevent Overservice Introduction In Sanchez-Ravuelta v. Yavapai, decided May 19, 2025, the Arizona Supreme Court addressed...
Excluding the Arsonist from the Definition of “Occupied Structure” under A.R.S. § 13-1701(2) and § 13-1704

Excluding the Arsonist from the Definition of “Occupied Structure” under A.R.S. § 13-1701(2) and § 13-1704

Date: May 15, 2025
Excluding the Arsonist from the Definition of “Occupied Structure” under A.R.S. § 13-1701(2) and § 13-1704 Introduction This case arises from a 2007 Christmas‐night fire that engulfed a pickup truck...
Recoverability of Future Lost Wages of a Child Murder Victim as Restitution

Recoverability of Future Lost Wages of a Child Murder Victim as Restitution

Date: May 1, 2025
Recoverability of Future Lost Wages of a Child Murder Victim as Restitution Introduction In E.H. v. Hon. Slayton, 2025 Ariz. LEXIS ___, the Arizona Supreme Court addressed whether the future lost...
Defining “In Connection With Your Business” in Non-Owned Auto Insurance Coverage

Defining “In Connection With Your Business” in Non-Owned Auto Insurance Coverage

Date: Apr 30, 2025
Defining “In Connection With Your Business” in Non-Owned Auto Insurance Coverage Introduction This case arises from a fatal collision involving Martin A. Montano Jr., an employee of Casas Custom...
Validity of Forged Deeds under A.R.S. § 12-524’s Five-Year Limitations Period

Validity of Forged Deeds under A.R.S. § 12-524’s Five-Year Limitations Period

Date: Apr 17, 2025
Validity of Forged Deeds under A.R.S. § 12-524’s Five-Year Limitations Period Introduction Dominguez v. Dominguez (Supreme Court of Arizona, April 16, 2025) addresses a family dispute over ownership...
Principle of Prosecutorial Competence and Diligence in Charging Decisions

Principle of Prosecutorial Competence and Diligence in Charging Decisions

Date: Apr 12, 2025
Principle of Prosecutorial Competence and Diligence in Charging Decisions Introduction In In the Matter of April Arlene Sponsel, 2025 Ariz. LEXIS ___, the Arizona Supreme Court affirmed a two-year...
Impartial Use of Statutory Language in Ballot Analyses Established by Arizona Supreme Court

Impartial Use of Statutory Language in Ballot Analyses Established by Arizona Supreme Court

Date: Apr 4, 2025
Impartial Use of Statutory Language in Ballot Analyses Established by Arizona Supreme Court Introduction In Arizona for Abortion Access v. Montenegro (No. CV-24-0167-AP/EL), the Arizona Supreme Court...
Quiet Title When Enforcement Is Time-Barred: Arizona Supreme Court Overrules Provident and Harmonizes §§ 12-1104(B), 33-816, and 12-548

Quiet Title When Enforcement Is Time-Barred: Arizona Supreme Court Overrules Provident and Harmonizes §§ 12-1104(B), 33-816, and 12-548

Date: Apr 1, 2025
Quiet Title When Enforcement Is Time-Barred: Arizona Supreme Court Overrules Provident and Harmonizes §§ 12-1104(B), 33-816, and 12-548 Case: Jose R. Aroca and Kirstin Aroca v. Tang Investment...
Deferrals Are Not Silence: Arizona Supreme Court OKs Impeachment With Post‑Miranda “Pass/Hold” Responses When No Unambiguous Invocation and the Suspect Later Speaks

Deferrals Are Not Silence: Arizona Supreme Court OKs Impeachment With Post‑Miranda “Pass/Hold” Responses When No Unambiguous Invocation and the Suspect Later Speaks

Date: Mar 29, 2025
Deferrals Are Not Silence: Arizona Supreme Court OKs Impeachment With Post‑Miranda “Pass/Hold” Responses When No Unambiguous Invocation and the Suspect Later Speaks Case: State of Arizona v. Giovani...
Firefighter Cancer Presumption Is Substantive and Not Retroactive: Respondents’ Rights Vest at Claim Filing (Vande Krol v. ICA/Superstition/Benchmark)

Firefighter Cancer Presumption Is Substantive and Not Retroactive: Respondents’ Rights Vest at Claim Filing (Vande Krol v. ICA/Superstition/Benchmark)

Date: Mar 27, 2025
Firefighter Cancer Presumption Is Substantive and Not Retroactive: Respondents’ Rights Vest at Claim Filing Case: Vande Krol v. Industrial Commission of Arizona; Superstition Fire & Medical;...
Limiting Judicial Immunity for Constables: Distinguishing Misconduct from Negligence in Writ Execution

Limiting Judicial Immunity for Constables: Distinguishing Misconduct from Negligence in Writ Execution

Date: Mar 19, 2025
Limiting Judicial Immunity for Constables: Distinguishing Misconduct from Negligence in Writ Execution Introduction The case of Gabriel Garibay; Deborah Martinez-Garibay; and Pima County,...
Clarifying the Duty of Care for Business Invitees: Uncoupling Duty Determination from the Assessment of Hazardous Conditions

Clarifying the Duty of Care for Business Invitees: Uncoupling Duty Determination from the Assessment of Hazardous Conditions

Date: Mar 19, 2025
Clarifying the Duty of Care for Business Invitees: Uncoupling Duty Determination from the Assessment of Hazardous Conditions Introduction The case of Roxanne Perez v. Circle K Convenience Stores,...
Clarifying Paternal Rights: Distinction Between Potential and Putative Fathers in Arizona Law

Clarifying Paternal Rights: Distinction Between Potential and Putative Fathers in Arizona Law

Date: Feb 13, 2025
Clarifying Paternal Rights: Distinction Between Potential and Putative Fathers in Arizona Law Introduction The Supreme Court of Arizona's decision in In re Termination of Parental Rights as to M.N....
Arizona Supreme Court Establishes Right to Severance Damages for Condemned Appurtenant Easements

Arizona Supreme Court Establishes Right to Severance Damages for Condemned Appurtenant Easements

Date: Feb 2, 2025
Arizona Supreme Court Establishes Right to Severance Damages for Condemned Appurtenant Easements Introduction In the landmark case of State of Arizona, et al. v. Foothills Reserve Master Owners...
Arizona Supreme Court Upholds Death Sentence in Spreitz Case: Implications for Mitigating Circumstances Evaluation

Arizona Supreme Court Upholds Death Sentence in Spreitz Case: Implications for Mitigating Circumstances Evaluation

Date: Jan 7, 2025
Arizona Supreme Court Upholds Death Sentence in Spreitz Case: Implications for Mitigating Circumstances Evaluation Introduction The Arizona Supreme Court recently affirmed the death sentence of...
Fourth Amendment Protections and DNA Profiling: State of Arizona v. Mitcham

Fourth Amendment Protections and DNA Profiling: State of Arizona v. Mitcham

Date: Dec 19, 2024
Fourth Amendment Protections and DNA Profiling: State of Arizona v. Mitcham Introduction In the landmark case of State of Arizona v. Ian Mitcham, decided by the Supreme Court of Arizona on December...
Structural Error in Denial of Self-Representation at Sentencing: State of Arizona v. Kevin Dunbar

Structural Error in Denial of Self-Representation at Sentencing: State of Arizona v. Kevin Dunbar

Date: Jun 19, 2024
Structural Error in Denial of Self-Representation at Sentencing: State of Arizona v. Kevin Dunbar Introduction State of Arizona v. Kevin Dunbar is a landmark decision by the Supreme Court of Arizona...
Supreme Court of Arizona Vacates Fees Award in Arizona Republican Party v. Richer

Supreme Court of Arizona Vacates Fees Award in Arizona Republican Party v. Richer

Date: May 3, 2024
Supreme Court of Arizona Vacates Fees Award in Arizona Republican Party v. Richer Introduction In the case of Arizona Republican Party v. Stephen Richer, the Supreme Court of Arizona addressed...
Exception to Preclusion and Timeliness for Ineffective Assistance of Counsel Claims Amid Legislative Ambiguity on Parole Eligibility

Exception to Preclusion and Timeliness for Ineffective Assistance of Counsel Claims Amid Legislative Ambiguity on Parole Eligibility

Date: May 3, 2024
Exception to Preclusion and Timeliness for Ineffective Assistance of Counsel Claims Amid Legislative Ambiguity on Parole Eligibility Introduction In the landmark case of State of Arizona v. Larry...
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