OPINION MILLER , Presiding Judge . 1 Joseph Romero was convicted after a jury trial of second-degree murder and sentenced to a presumptive term of sixteen years. Romero argues the trial court erred when it denied his motion to dismiss the indictment due to pre-indictment delay, denied his motion to preclude testimony from the state's firearms expert, and granted the state's motion to preclude testimony from his proffered expert on firearms examination methodology. Romero also argues the...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Sup. Ct. 111(c); Ariz. R. Civ. App. P. 28(c). MEMORANDUM DECISION V SQUEZ, Judge. 1 In this statutory special action, petitioner Wausau Business Insurance Company 1 challenges the administrative law judge's (ALJ) award granting respondent employee Raymond Crum's petition for rearrangement or readjustment of compensation. Wausau argues the ALJ...
OPINION ESPINOSA , Judge . 1 MCA Financial Group, Ltd. (MCA) appeals from an order requiring it to disgorge over $118,000 in fees paid to it by Enterprise Bank & Trust (Enterprise), arguing that, because MCA was not a party to the underlying proceeding, it was not subject to the trial court's jurisdiction. It also contends the court erred by failing to hold an evidentiary hearing on the merits of the disgorgement claim and by failing to conclude Enterprise had waived any objection to MCA'...
NOT FOR PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. MEMORANDUM DECISION KESSLER, Judge. 1 Ilana Namvar ("Mrs. Namvar") appeals from the trial court's judgment entered against her, jointly and severally with Kohnam 26, L.L.C. ("Kohnam"), 1 and in favor of Armed Forces Bank, N.A. ("Armed Forces"). For the reasons stated below, we affirm. FACTUAL AND PROCEDURAL HISTORY 2 On or about...
NOT FOR PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. MEMORANDUM DECISION GEMMILL, Judge. 1 Respondent/Appellant Tyler Jefferson Glenn (Father) appeals the family court's order denying his petition to modify child support. For the following reasons, we reverse and remand for further proceedings consistent with this decision. BACKGROUND 2 The family court entered a Consent Decree...
NOT FOR PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. MEMORANDUM DECISION SWANN, Judge. 1 The Arizona Department of Environmental Quality ("ADEQ") issued an administrative regulation authorizing it to accept and approve applications for a temporary individual aquifer protection permit. Plaintiffs challenged the regulation in the superior court, contending that administrative...
OPINION HOWE , Judge . 1 Linda S. Masaryk, LSM, Inc., and NGM Insurance Co., appeal the superior court's grant of summary judgment in favor of Marco Crane & Rigging, Co. The superior court found that Marco was entitled to foreclose on its mechanics' lien against Masaryk's house. Because Masaryk satisfied the statutory requirements to be an "owner-occupant" at the time Marco recorded the lien, we hold that the lien violated A.R.S. 33-1002(B) and therefore reverse and remand for...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Sup. Ct. 111(c); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION MILLER, Presiding Judge. 1 Harold Clark appeals from the superior court's ruling affirming the justice court's judgment and sentence against him for driving while impaired to the slightest degree (DUI). Clark presents a facial challenge to the constitutionality of A.R.S. 28-1388(D),...
OPINION ESPINOSA , Judge . 1 After a vehicle was stopped for a window tint violation and a load of marijuana discovered within, a jury convicted Jesus Moreno of conspiracy to commit transportation of marijuana for sale, transportation of marijuana for sale, possession of marijuana for sale, possession of drug paraphernalia, and misconduct involving weapons. The trial court dismissed the charge of possession of marijuana as a lesser-included offense and imposed concurrent, presumptive...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Sup. Ct. 111(c); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION ESPINOSA, Judge. 1 Faustino Quintero appeals his conviction and sentence for one count of intentional or knowing child abuse, under circumstances likely to produce death or serious physical injury, a class two felony. The trial court imposed a slightly mitigated sentence of fourteen...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Civ. App. P. 28(c); Ariz. R. P. Juv. Ct. 103(G). MEMORANDUM DECISION KELLY, Presiding Judge. 1 In this appeal J.B., born October 2001, challenges the juvenile court's ruling denying the Arizona Department of Child Safety's (DCS) 1 motion for termination of her father, Michael B.'s, parental rights on the grounds that J.B. had been in court-...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Sup. Ct. 111(c); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION V SQUEZ, Judge: 1 Quezon Gray seeks review of the trial court's order summarily dismissing his petition for post-conviction relief filed pursuant to Rule 32, Ariz. R. Crim. P. We will not disturb that ruling unless the court clearly has abused its discretion. See State v. Swoopes,...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES, See Ariz. R. Sup. Ct. 111(c); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION ECKERSTROM, Chief Judge. 1 Michael Aguilar challenges his convictions for attempted armed robbery. We affirm for the reasons that follow. Factual and Procedural Background 2 In March 2012, S.B. and his girlfriend, J.M., heard a car horn honking repeatedly outside the house in which...
NOT FOR PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. MEMORANDUM DECISION WINTHROP, Judge. 1 Plaintiff/Appellant, the Wickes Family Trust Dated 9/28/2000 ("the Trust"), appeals the trial court's order dismissing the Trust's complaint against Defendant/Appellee, Yavapai County ("the County"), for the Trust's failure to post security for costs. For the following reasons, we vacate the...
NOT FOR PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. MEMORANDUM DECISION KESSLER, Judge. 1 Plaintiffs/Appellants appeal the superior court's dismissal of their claim against Defendant/Appellee Bank of America, N.A. ("the Bank"), for aiding and abetting fraud. For the following reasons, we reverse and remand for further proceedings. FACTUAL AND PROCEDURAL HISTORY 2 Plaintiffs...
OPINION KESSLER , Presiding Judge . 1 This appeal addresses whether hospitals who accept payment from the Arizona Health Care Cost Containment System ("AHCCCS") for services rendered to AHCCCS patients ("Patients") can later seek to impose and enforce liens on funds the Patients have obtained from third-party tortfeasors related to the Hospital services provided. In this case, the Hospitals claim and the superior court held that by entering into accord and satisfaction agreements, the...
NOT FOR PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. DECISION ORDER CATTANI, Judge. 1 Thomas Washburn seeks special action relief from the superior court's denial of his motion to remand the indictment for redetermination of probable cause. Because denial of a motion for remand is not subject to review on direct appeal, see Francis v. Sanders, 222 Ariz. 423 , 426, 9, 215 P.3d 397...
OPINION MILLER , Presiding Judge . 1 This statutory special action requires us to determine whether petitioner employee, Ernie Luna, Jr., is entitled to interest on temporary compensation benefits that were not timely paid to him. We conclude that Arizona law requires payment of the interest and therefore set aside the administrative law judge's (ALJ) award. Factual and Procedural Background 2 The following facts are undisputed. In May 1995, Luna was employed by Pima County...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Sup. Ct. 111(c); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION KELLY, Presiding Judge. 1 Following a jury trial, Ryan Romero-Fimbres was convicted of first-degree burglary, attempted aggravated robbery, and attempted armed robbery. The trial court sentenced him to concurrent, minimum terms of imprisonment, the longest of which was seven years....
OPINION PORTLEY , Judge . 1 Petitioners, who are members of the broadcast and print media, challenge a ruling closing the penalty phase of a capital murder trial to the press, as well as to the public. As a result, we must decide whether a "clear and present danger" exists under Arizona Rule of Criminal Procedure ("Rule") 9.3 that justifies excluding the press and public during portions of the penalty phase of the trial. Because we find no clear and present danger, we accept special...
