NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES See Ariz.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)(1); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION MILLER , Judge . 1 Thomas Pierce, formerly known as Lawrence Taylor, petitions this court for review of the trial court's order summarily dismissing his successive and untimely petition for post-conviction relief filed pursuant to Rule 32, Ariz. R. Crim. P. We will not disturb that...
NOT FOR OFFICIAL PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. MEMORANDUM DECISION GOULD , Judge . 1 Appellants Earl L. Whitmore and John B. Whitmore, ("the Whitmores"), appearing in propria persona, appeal the trial court's judgment granting Appellee Union Pacific Railroad Company ("Union Pacific") a prescriptive easement across a portion of their property to operate railroad tracks. The...
OPINION KESSLER , Judge . 1 Intervenor/Appellant Hetal Shah appeals the trial court's approval of a receiver's decision to honor a receivership certificate issued to Appellee Karl Hiatt and his wife Dianna Hiatt (collectively, the "Hiatts"). For the reasons set forth below, we affirm. FACTUAL AND PROCEDURAL HISTORY 2 The Cheyenne Entities 1 were formed to develop video games based on the Stargate SG-1 and Stargate Atlantis television series, including an online game to be known as...
NOT FOR OFFICIAL PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE MEMORANDUM DECISION SWANN , Judge . 1 James R. Hunter appeals the superior court order dismissing his racketeering case for failure to state a claim upon which relief can be granted. Because he has not alleged facts sufficient to sustain a racketeering action, we affirm. FACTS AND PROCEDURAL HISTORY 2 In October 2002, Hunter...
NOT FOR OFFICIAL PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE MEMORANDUM DECISION GEMMILL , Judge . 1 A jury issued a verdict in favor of defendants Ronney L. Ferguson, M.D., and his professional corporation. On appeal, plaintiff John Bedway argues the court abused its discretion by refusing to strike three jurors for cause and not permitting his standard of care expert to testify about the...
OPINION HOWARD , Presiding Judge: 1 In this petition for review, Darren Goldin challenges the trial court's order denying his petition for post-conviction relief pursuant to Rule 32, Ariz. R. Crim. P., after an evidentiary hearing, and finding his claim of ineffective assistance of counsel (IAC) precluded. Based on our supreme court's decision in State v. Diaz, 236 Ariz. 361 , 340 P.3d 1069 (2014), and the unique circumstances of this case, we grant relief in part, remanding this...
NOT FOR OFFICIAL PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE MEMORANDUM DECISION OROZCO , Judge . 1 Maria Yorleni-Lazaro (Appellant) appeals her conviction and sentence for negligent child abuse, a class 6 undesignated felony. Appellant's counsel has filed a brief in accordance with Smith v. Robbins, 528 U.S. 259 (2000); Anders v. California, 386 U.S. 738 (1967); and State v. Leon,...
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)(1); Ariz. R. Crim. P. 31.24 MEMORANDUM DECISION ECKERSTROM , Chief Judge . 1 After a jury trial, Ray Taylor was convicted of weapons misconduct, possession of a deadly weapon by a prohibited possessor and unlawful discharge of a firearm. Taylor admitted he had two historical prior convictions and had been on probation at the...
NOT FOR OFFICIAL PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. MEMORANDUM DECISION THUMMA , Judge . 1 This is a special action review of an Industrial Commission of Arizona (ICA) award and decision upon review by an administrative law judge (ALJ) dismissing a request for hearing. Claimant Diana Dodson alleges the dismissal was an abuse of discretion and an improper consequence for her failure...
NOT FOR OFFICIAL PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. MEMORANDUM DECISION THUMMA , Judge . 1 This dispute started in 2008 as a claim in Justice Court for less than $1,700 in condominium fees. Since that time, the parties have litigated in superior court, in an appeal to this court, in superior court again, in compulsory arbitration, in superior court again, in an attempted second...
NOT FOR OFFICIAL PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. MEMORANDUM DECISION CATTANI , Judge . 1 William Eugene McKeever appeals his conviction of second-degree burglary and the resulting sentence. For reasons that follow, we affirm. FACTS AND PROCEDURAL BACKGROUND 2 D.C., the victim in this case, lived in Buckeye down the street from a home he was renovating. One morning D.C. heard "...
NOT FOR OFFICIAL PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. MEMORANDUM DECISION PORTLEY ,> Judge . 1 Elliott J. Glasser appeals the summary judgment granted to M&O Agencies, Inc., Ryan James Bradley and Kristina N. Bradley (collectively, "Mahoney") dismissing his claims for breach of contract, negligence, and negligent misrepresentation. Mahoney cross-appeals the denial of its motion for...
NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. MEMORANDUM DECISION THOMPSON , Judge . 1 This case concerns the insurance claim handling on an insured's vehicle after an auto accident resulting in a total loss of that vehicle. Plaintiff-Appellant Judith E. Indihar (Indihar) 1 appeals from the trial court's grant of summary judgment to State Farm Mutual Automobile Insurance, Co.,...
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)(1); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION MILLER , Presiding Judge . 1 Daniel Baker seeks review of the trial court's order denying his successive and untimely petition for post-conviction relief filed pursuant to Rule 32, Ariz. R. Crim. P. We will not disturb that order unless the court clearly abused its discretion....
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)(1); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION ESPINOSA , Judge . 1 Petitioner Sean Stevenson seeks review of the trial court's order denying his petition for post-conviction relief, filed pursuant to Rule 32, Ariz. R. Crim. P. "We will not disturb a trial court's ruling on a petition for post-conviction relief absent a clear...
OPINION THUMMA , Judge : 1 These consolidated special actions arise out of pretrial proceedings in a criminal case where Chris Simcox is charged with three counts of sexual conduct with a minor, two counts of child molestation and one count of furnishing harmful items to minors, alleged to have occurred at various times between April 2012 and May 2013. Accepting special action jurisdiction over both petitions, because the court did not properly apply Arizona Revised Statutes (A.R.S.)...
OPINION DOWNIE , Judge : 1 The Gila River Indian Community (the "Community") appeals the denial of its motion to change physical custody of a dependent Indian child in foster care. The Community challenges the juvenile court's determination that good cause exists to deviate from placement preferences set forth in the Indian Child Welfare Act ("ICWA"). We hold that good cause to deviate from ICWA placement preferences must be established by clear and convincing evidence. Because it is not...
NOT FOR OFFICIAL PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. MEMORANDUM DECISION WINTHROP , Judge . 1 Todd A. Clemens ("Clemens") appeals the superior court's judgment in favor of James Koop, D.C. ("Dr. Koop") and DMB Sports Clubs Limited Partnership and DMB Management Company (collectively, "DMB"). For the following reasons, we affirm. FACTUAL AND PROCEDURAL BACKGROUND 2 On September 2,...
NOT FOR OFFICIAL PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. MEMORANDUM DECISION HOWE , Judge . 1 The City of Phoenix ("City") appeals the trial court's order awarding United Phoenix Firefighters Association, Local 493; and Pete Gorraiz, Jr. (collectively, "Local 493") their taxable costs and attorneys' fees. For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY 2 Local 493...
NOT FOR OFFICIAL PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. MEMORANDUM DECISION THUMMA , Judge . 1 M.J. Hill appeals the superior court's judgment dismissing her complaint against James and Pamela Bowman for lack of subject matter jurisdiction. Because Hill has shown no error, the dismissal is affirmed. FACTS AND PROCEDURAL BACKGROUND 2 Hill was employed by Above and Beyond Delivery,...
