Arizona Case Commentaries

Martinez v. Arizona: Balancing Jury Findings and Judicial Discretion in Felony Sentencing

Date: Jul 9, 2005

Martinez v. Arizona: Balancing Jury Findings and Judicial Discretion in Felony Sentencing Introduction State of Arizona v. Pablo Arciniega Martinez, 210 Ariz. 578, is a landmark decision by the...

Fundamental Error Review in Sentencing: The Precedent Set by STATE of Arizona v. Robert Allen Henderson

Date: Jul 9, 2005

Fundamental Error Review in Sentencing: The Precedent Set by STATE of Arizona v. Robert Allen Henderson Introduction The case of STATE of Arizona v. Robert Allen Henderson, decided by the Supreme...

Arizona Supreme Court Reinforces First Amendment Protections Against Tort Claims for Media Publications

Date: Jul 2, 2005

Arizona Supreme Court Reinforces First Amendment Protections Against Tort Claims for Media Publications Introduction In the landmark case CITIZEN PUBLISHING CO. v. Hon. Leslie Miller, the Supreme...

Affirmation of Capital Sentencing Procedures and Aggravating Factors Evaluation in Arizona: STATE v. ANDERSON

Date: May 5, 2005

Affirmation of Capital Sentencing Procedures and Aggravating Factors Evaluation in Arizona: STATE v. ANDERSON Introduction In the landmark case State of Arizona v. Frank Winfield Anderson, the...

Standard of Proof in Parental Rights Termination: Insights from Kent K. v. Bobby M.

Date: Apr 29, 2005

Standard of Proof in Parental Rights Termination: Insights from Kent K. v. Bobby M. Introduction The case of Kent K. and Sherry K., Appellants, v. Bobby M. and Leeh M., Appellees, adjudicated by the...

Arizona Supreme Court Protects Attorneys Negotiating Morris Agreements from Tortious Interference Claims

Date: Feb 25, 2005

Arizona Supreme Court Protects Attorneys Negotiating Morris Agreements from Tortious Interference Claims Introduction The case of Safeway Insurance Company, Inc. v. Peter A. Guerrero (210 Ariz. 5,...

Separate Convictions for Resisting Arrest and Escape Affirmed in State of Arizona v. Sudden Rio Stroud

Date: Jan 8, 2005

Separate Convictions for Resisting Arrest and Escape Affirmed in State of Arizona v. Sudden Rio Stroud Introduction State of Arizona v. Sudden Rio Stroud is a pivotal case adjudicated by the Supreme...

Termination of Parental Rights: ADES v. Oscar O. Establishes Clear Precedent for Severance in Best Interests of Child

Date: Dec 1, 2004

Termination of Parental Rights: ADES v. Oscar O. Establishes Clear Precedent for Severance in Best Interests of Child Introduction The case of Arizona Department of Economic Security (ADES) and two...

Expansion of Rule 404(c): Admissibility of Sexual Assaults Against Adults in Aberrant Sexual Propensity Cases in Arizona

Date: Sep 17, 2004

Expansion of Rule 404(c): Admissibility of Sexual Assaults Against Adults in Aberrant Sexual Propensity Cases in Arizona Introduction In State of Arizona v. Aguilar, 209 Ariz. 40 (2004), the Supreme...

Ensuring Jury Participation in Death Penalty Sentencing: STATE v. MOODY

Date: Aug 10, 2004

Ensuring Jury Participation in Death Penalty Sentencing: STATE v. MOODY Introduction State of Arizona v. Robert Joe Moody, adjudicated by the Supreme Court of Arizona en banc on August 9, 2004, is a...

Remand for Hearing on Substitution of Counsel: STATE v. Victor Torres

Date: Jul 2, 2004

Remand for Hearing on Substitution of Counsel: STATE v. Victor Torres Introduction In STATE of Arizona v. Victor Torres, 208 Ariz. 340 (2004), the Supreme Court of Arizona addressed a critical issue...

Individualized Assessment Mandated for Juvenile Death Penalty Eligibility under Arizona's Automatic Filing Statute

Date: Feb 18, 2004

Individualized Assessment Mandated for Juvenile Death Penalty Eligibility under Arizona's Automatic Filing Statute Introduction In the landmark case State of Arizona v. James Edward Davolt II (207...

Same Cause Doctrine in Parental Rights Termination: Mary Lou C. v. Arizona Department of Economic Security

Date: Jan 28, 2004

Same Cause Doctrine in Parental Rights Termination: Mary Lou C. v. Arizona Department of Economic Security Introduction The case of Mary Lou C. v. Arizona Department of Economic Security, adjudicated...

Accrual of Legal Malpractice Cause of Action in Criminal Litigation: GLAZE v. LARSEN

Date: Jan 15, 2004

Accrual of Legal Malpractice Cause of Action in Criminal Litigation: GLAZE v. LARSEN Introduction GLAZE v. LARSEN is a seminal case decided by the Supreme Court of Arizona on January 14, 2004. The...

Arizona Supreme Court Reinforces Strict Standing Requirements for Legislative Challenges to Executive Vetoes

Date: Dec 5, 2003

Arizona Supreme Court Reinforces Strict Standing Requirements for Legislative Challenges to Executive Vetoes 1. Introduction The case of Bennett et al. v. Napolitano, decided by the Supreme Court of...

Broad Interpretation of Interlocutory Appeals under A.R.S. § 12-2101(G): Bilke et al. v. Dually – A New Precedent

Date: Dec 5, 2003

Broad Interpretation of Interlocutory Appeals under A.R.S. § 12-2101(G): Bilke et al. v. Dually – A New Precedent Introduction The case Bilke et al. v. Dually before the Supreme Court of Arizona,...

Arizona Supreme Court Limits Mandatory Sentencing for Sexual Misconduct with Minors

Date: Oct 31, 2003

Arizona Supreme Court Limits Mandatory Sentencing for Sexual Misconduct with Minors Introduction In the landmark case of State of Arizona v. Anthony Charles Davis (206 Ariz. 377, 2003), the Arizona...

Jury Coercion and Improper Court Instructions: Insights from State v. Huerstel

Date: Sep 3, 2003

Jury Coercion and Improper Court Instructions: Insights from State v. Huerstel Introduction State of Arizona, Appellee, v. Christopher Bo Huerstel is a pivotal case adjudicated by the Supreme Court...

Arizona Supreme Court Reaffirms Felony Murder Rule While Reversing Premeditated Murder Convictions: State of Arizona v. Brian Jeffrey Dann

Date: Aug 15, 2003

Arizona Supreme Court Reaffirms Felony Murder Rule While Reversing Premeditated Murder Convictions: State of Arizona v. Brian Jeffrey Dann Introduction In the landmark case of State of Arizona v....

Affirming Judicial Discretion in Denying Continuance for Self-Representation: Insights from State v. Lamar

Date: Jul 18, 2003

Affirming Judicial Discretion in Denying Continuance for Self-Representation: Insights from State v. Lamar Introduction State of Arizona v. Christopher George Theodore Lamar (2003) is a seminal case...