CiteTEXT
...Property") during tax years 2001, 2002, and 2003 pursuant to Arizona Revised Statutes ("A.R.S.") section 42-16254 (Supp. 2009), the property tax...material to our analysis have occurred during this litigation. Specifically, no amendments occurred to A.R.S. § 42-16254 after January 1, 1999, until August 12, 2005. Further, although the legislature...A.R.S. § 12-349 (2003).
FACTS AND PROCEDURAL BACKGROUND
¶ 3 In April 2004, Taxpayer filed a notice of claim with the...
...consecutive to the residential burglary offense. The judge found that the state established two aggravating factors beyond a reasonable doubt — previous conviction of a "serious offense" pursuant to A.R.S.... § 13-703(F)(2) and committing murder for pecuniary gain pursuant to A.R.S. § 13-703(F)(5). The judge found that defendant established no statutory mitigating factors under A.R.S. § 13-703(G) and found....
III. Sentencing Issues
¶ 28 In assessing the propriety of a death sentence, this court reviews independently...
...conviction for a serious offense, Ariz.Rev.Stat. ("A.R.S.") § 13-703(F)(2) (Supp. 2003); the murder was committed "in an especially heinous, cruel or depraved manner," § 13-703(F)(6); and at the time of....
Defense Counsel refers to this phase as the "mitigation phase" of the trial. A capital trial is made up of a guilt p...future opinions, the language found in A.R.S. § 13-703 to refer to the stages of a capital trial. We urge counsel to conform to this convention as well when making submissions to this Court...
...interpretation of A.R.S. § 23-930, a statute regulating bad faith claims asserted against workers' compensation carriers. We granted review in this case, and in the companion cases of Doskocz v.... Birmingham Fire Ins. Co., No. CV-92-0238-PR, and Ring v. State Compensation Fund, No. CV-92-0256-PR, to determine how A.R.S. § 23-930 should be applied and whether it violates our constitution.... These are questions of first impression and statewide importance. See Ariz.R.Civ.App.P. 23(c)(4). We have jurisdiction pursuant to Ariz. Const. art. 6, § 5( 3), and A.R.S. § 12-120.24...
..., Justice.
Defendant, Estevan Borbon, was convicted and adjudged guilty of attempted armed robbery with a dangerous or deadly weapon, A.R.S. §§ 13-1001, -1904, aggravated assault..., A.R.S. § 13-1204, resisting arrest, A.R.S. § 13-2508, and criminal trespass, A.R.S. § 13-1504. Because defendant was on probation from an earlier matter, solicitation of the sale of cocaine, he was...sentenced to life imprisonment without possibility of parole for twenty-five years for the robbery, A.R.S. § 13-604.01, two and one-quarter...
...Arizona Revised Statutes ("A.R.S.") § 13-4031 (2001).
I. Factual and procedural background
¶ 3 In late July 1996.... 1, § 3 (codified at A.R.S. § 13-703.01 (Supp. 2003)).
¶ 12 Because the jury that found Anderson guilty was discharged after the verdict, a new jury was impanelled for the....
The jury found that the murders of Delahunt and Wear were motivated by pecuniary gain, A.R.S. § 13-703(F)(5), were especially cruel, heinous or depraved...
...appeal, we again hold that Arizona's grandparent visitation statute, Ariz. Rev. Stat. Ann. ("A.R.S.") § 25-409 (2000), is constitutional. We also hold that the statute does not unconstitutionally...to terminate Tangreen's visitation rights, arguing that A.R.S. section 25-409 is unconstitutional. The Jacksons appeal from the trial...," in substance, it was an affirmative petition for termination of Tangreen's visitation rights. Jurisdiction on appeal from the denial of this petition is thus proper under A.R.S. section 12-2101(C), (E...
...robbery, burglary and theft. Under Arizona law at the time of Ring's sentencing, capital sentencing followed the procedure set forth at Arizona Revised Statutes (A.R.S.) section 13-703 (Supp. 1996). As...required by A.R.S. section 13-703.B, the trial court conducted a sentencing hearing to consider aggravating and mitigating circumstances. The court could consider only those aggravating factors identified...by statute, but could consider any possible mitigating factor. A.R.S. § 13-703.F-.G, amended by 2002 Ariz. Sess. Laws, 5th Spec. Sess., ch...
...also appeals from judgments of guilty and sentences on three counts of kidnapping, two counts of armed robbery, and one count of theft of a motor vehicle. Jurisdiction of this Court is pursuant to A.R.S...to adequately present a defense. A.R.S. § 13-1673(B) (now A.R.S. § 13-4013(B)). Constitutional considerations may also mandate the appointment of investigators to aid in preparing a defense. See...venue because of the pretrial publicity.
Rule 10.3(b), Rules of Criminal Procedure, 17 A.R.S. provides...
...Johnson was convicted of two counts of illegally selling Marijuana in violation of A.R.S. § 36-1002. He appeals to this court from the verdict, judgment and sentence of the lower court....) 17 A.R.S. Rules of Criminal Procedure, rule 24.
"This right granted to the defendant under the rules of Criminal Procedure for preliminary examination is not...convicted of that crime."
73 Ariz. at 142,
238 P.2d at 959...
...certiorari in the superior court pursuant to A.R.S. § 38-1004(A).
¶ 28 We conclude that the portion of paragraph twenty-one providing for judicial review by the superior court...remanding this matter to the Pinal County Board of Supervisors (the Board) for further proceedings consistent with the Administrative Review Act (the ARA), A.R.S. §§ 12-901 through 12-914. For the reasons...."
Section 11-1101(A), A.R.S., authorizes counties to "enter into development agreements relating to property located outside the incorporated area of a city or town...
...malpractice actions (A.R.S. § 12-564(A)) is constitutional as applied to this case. We granted review because of the importance of that legal question. Ariz.R. Civ.App.P., Rule 23(c) 17A A.R.S. After...dismiss and, in the alternative, moved for summary judgment on the ground that both counts of the complaint were barred by the malpractice statute of limitations, A.R.S. § 12-564(A). The trial court agreed...and is barred two years thereafter. A.R.S. § 12-542(2). Plaintiff argues that Count I of the complaint was therefore timely since it was filed within two years from the date of the baby's death...
..., one for escape from custody, and one for criminal trespass. Pursuant to A.R.S. § 13-604.02(A), the trial court sentenced him to life imprisonment for the armed robbery conviction. He received concurrent...sentences of 28 years each for the kidnapping and sexual assault convictions, which the trial court ordered to run consecutively to the life sentence. This Court has jurisdiction pursuant to article...6, § 5( 3) of the Arizona Constitution and A.R.S. §§ 13-4031 and -4033.
ISSUES
Did defense counsel waive his claim of bias and prejudice...
..., 898 P.2d 954, 959 (1995) (holding, for purposes of A.R.S. § 13-604.02(A), that an offense is not one "involving" injury merely because the..., Section 5( 3) of the Arizona Constitution and Arizona Revised Statutes ("A.R.S.") section 13-4031 (2001).
FACTUAL AND PROCEDURAL BACKGROUND...assault, was drawn and stored pursuant to A.R.S. § 13-4438 (Supp. 1997) (since renumbered as A.R.S. § 13-610 (Supp. 2007)), which required DNA samples to be collected and retained for sex offenders. In...
...issue presented in the petition for review was the following: does A.R.S. § 12-564(D), creating a separate tolling provision for infants injured by health care providers, violate the equal protection...importance of the constitutional claim presented. Rule 23(c), Ariz. R.Civ.App.Proc., 17A A.R.S.
After granting the petition, we ordered the parties to file supplemental briefs, Rule 23...(f), id., discussing the following issues:
1. Is A.R.S. § 12-564(D) subject to the strict scrutiny test because of its effect upon the rights guaranteed by art. 18, § 6 of the...
...statutory damages of $5,000 pursuant to A.R.S. § 33-420 and costs and attorney's fees of $3,500 for Hatch's wrongful filing of a lis pendens. Hatch raises three issues on appeal...:
1. Did the bank lack standing to question the validity of the lis pendens and to recover damages and fees under A.R.S. § 33-420(A)?
2. Where...a bond has been filed to discharge a mechanics' lien pursuant to A.R.S. § 33-1004, which provides
that the bond "shall be conditioned...
...Statutes ("A.R.S") § 13-1204(A)(11) was not a conviction for a "crime of violence" under section 2L1.2 of the United States Sentencing Guidelines (the "Guidelines"). The district court held that the...under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(b), and we affirm.
I...alien. Esparza-Herrera's Pre-sentencing Report ("PSR") revealed a 2000 Arizona conviction for aggravated assault, in violation of A.R.S. § 13-1204(A)(11...
...possession of altered property, in violation of A.R.S. § 13-2306, and was sentenced to time served in jail, the court having elected to treat the offenses as misdemeanors. Appellant contends that the...trial court erred in rejecting his attack on the constitutionality of A.R.S. § 13-2306 and challenges the sufficiency of the evidence to sustain the convictions. We find no merit in his position but...reverse and remand with directions to enter judgment of guilt on one count only.
A.R.S. § 13-2306, as it read at the time of these offenses, provided:
Possession...
...separate memorandum decision. Ariz. R. Civ. App. P. 28(g), 17B A.R.S. We affirm.
BACKGROUND
¶ 2 The relevant...Cabrera's son. Romeo contends the trial court erred in allowing Victoria to deviate from the prehearing change of custody procedures in A.R.S. § 25-411, in deviating from those procedures itself, and in....
Romeo's and Victoria's briefs fail to comply with Rule 13(a) and (b), Ariz. R. Civ. App. P., 17B A.R.S., bec...
.../mitigation hearing on the murder count, the trial judge found two aggravating factors: A.R.S. § 13-703(F)(6) (especially cruel), and A.R.S. § 13-703(F)(9) (victim under the age of fifteen years). The.... Ariz.R.Crim.P. 31.2(b). We have jurisdiction pursuant to Ariz. Rev. Stat. Ann. (A.R.S.) §§ 13-4031 and 13-4033 and Ariz. Const. art. VI, § 5( 3). We affirm defendant's convictions and sentences...Defendant Was Properly Convicted of Child Abuse (Count Four).
A person is guilty of child abuse under A.R.S. § 13-3623(B) if, while having "care or custody of [a] child," the...