OPINION STARING , Presiding Judge : 1 In this special action, we conclude the doctrine of collateral estoppel, also known as issue preclusion, does not bar the State of Arizona from prosecuting a person for child abuse after a juvenile court found in a separate dependency action that he did not abuse the child in question and dismissed a dependency petition that was based solely on that alleged abuse. Consequently, the respondent judge did not err in denying petitioner Nikolas Crosby-...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES.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. Civ. App. P. 28(a)(1), (f); MEMORANDUM DECISION ECKERSTROM , Chief Judge : 1 J.C., born June 2002, appeals from the juvenile court's order finding he was no longer a dependent child and dismissing the dependency proceeding. He argues the court violated the Interstate Compact on Placement of Children (ICPC), A.R.S....
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES See Ariz.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 SUPPLEMENTAL DECISION ON RECONSIDERATION EPPICH , Judge . 1 Amos Beverett seeks review of the trial court's order dismissing his successive notice of post-conviction relief, filed pursuant to Rule 32, Ariz. R. Crim. P., and his motion for reconsideration of that dismissal. We previously denied relief...
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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 CAMPBELL , Judge . 1 Defendant Appsware Holdings, Inc. ("Appsware") challenges the grant of summary judgment in favor of plaintiffs Windship 21, LLC and Triremes 24, LLC (collectively "Windship") finding Appsware breached promissory notes and associated loan agreements. For the following reasons, the judgment...
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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 DOWNIE , Judge . 1 Walter Duncanson appeals the superior court's judgment reversing a final decision by the Maricopa County Law Enforcement Officers Merit System Commission ("Commission"), thereby reinstating his demotion. For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY 2 The Maricopa...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES.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. Civ. App. P. 28(a)(1), (f). MEMORANDUM DECISION V SQUEZ , Presiding Judge . 1 David Black appeals from the trial court's ruling finding him in contempt of court and, as a sanction, dismissing his complaint against the Town of Thatcher without prejudice. For the following reasons, we dismiss the appeal for lack of...
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. Civ. App. P. 28(a)(1), (f); Ariz. R. P. Juv. Ct. 103(G). MEMORANDUM DECISION STARING , Presiding Judge . 1 Ashley L. appeals from the juvenile court's June 2017 order terminating her parental rights to K.L., born in September 2015, based on the grounds of mental illness and length of time in court-ordered care (six...
OPINION EPPICH , Judge : In this special action, petitioner State of Arizona challenges the respondent judge's decision to grant a judgment of acquittal in favor of real party in interest Rhiannon Whitney, pursuant to Rule 20, Ariz. R. Crim. P., after the respondent declared a mistrial due to juror misconduct. We conclude the respondent lacked authority to grant the motion, and therefore accept jurisdiction and grant relief, vacating the judgment of acquittal. 2 Whitney was charged...
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. Civ. App. P. 28(a)(1), (f). MEMORANDUM DECISION ECKERSTROM , Chief Judge . 1 The facts of this case are as described in this court's prior memorandum decision, Energy & Environment Legal Institute v. Arizona Board of Regents, No. 2 CA-CV 2015-0086, 2-3 (Ariz. App. Dec. 3, 2015) (mem. decision). After remand,...
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. Civ. App. P. 28(a)(1), (f); Ariz. R. P. Juv. Ct. 103(G). MEMORANDUM DECISION STARING , Presiding Judge . 1 Rebecca R. appeals from the juvenile court's order appointing permanent guardians for her daughter, L.A., born July 2003. Finding no error, we affirm. 2 The party moving for the appointment of a permanent...
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. Civ. App. P. 28(a)(1), (f). MEMORANDUM DECISION ESPINOSA , Judge . 1 Richard and Vicky Venable appeal from a number of trial court orders culminating in the dismissal with prejudice of their personal injury action. For the reasons that follow, we affirm the trial court's dismissal order and judgment. Factual and...
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 Dr. Martin Ainbinder appeals the entry of summary judgment in favor of Desert Valley Radiology ("DVR") to the effect that he is not entitled to additional severance pay under the terms of his contract with DVR. Based on the language of the contract, we determine that there exist genuine...
OPINION V SQUEZ , Presiding Judge : 1 Sean and Brent Swenson (collectively, Swenson) appeal from the trial court's dismissal of their complaint against Pinal County. Swenson argues the court erred in concluding the County had not waived the notice-of-claim requirement and statute of limitations under A.R.S. 12-821 and 12-821.01 by obtaining liability insurance and contractual indemnification. For the following reasons, we affirm. Factual and Procedural Background 2 In reviewing a...
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. Civ. App. P. 28(a)(1), (f); Ariz. R.P. Juv. Ct. 103(G). MEMORANDUM DECISION V SQUEZ , Presiding Judge . 1 Appellant Denia L. challenges the juvenile court's order of February 28, 2017, terminating her parental rights to her children, H.C.-L. and H.C.-L., twins born in August 2015, on grounds of abuse. See A.R.S....
OPINION STARING , Presiding Judge : 1 In this special action, petitioner Amy Cotner challenges the respondent judge's order requiring the forced administration of antipsychotic medication pursuant to A.R.S. 13-4511(1) and 13-4512(E), and Rule 11.5(b)(3), Ariz. R. Crim. P., after finding Cotner incompetent in the underlying criminal proceeding and committing her to an in-custody restore-to-competency (RTC) program. Cotner contends the respondent abused her discretion by misinterpreting...
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 Aaron Ludwig appeals the trial court's order denying his petition for an entry of clearance pursuant to A.R.S. 13-4051 and his request to seal the record. For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY 2 In January 2015, Ludwig resigned from his position as Chief...
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 BEENE , Judge . 1 Appellant Susan Lynn Pack ("Mother") appeals the superior court's order denying her petition to modify parenting time. For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY 2 Mother and Steven Pack ("Father") divorced in 2006. Relevant to this matter, the parties had...
OPINION ESPINOSA , Judge : 1 Bo Johnson was convicted in Green Valley Justice Court of threatening or intimidating in violation of A.R.S. 13-1202(A)(1) and misconduct involving weapons in violation of A.R.S. 13-3102(A)(12). Johnson appealed his convictions to the Pima County Superior Court, which affirmed them, and he now appeals to this court, challenging the validity of the weapons misconduct statute, and asking us to take jurisdiction to reverse his threatening or intimidating...
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 The State of Arizona appeals the trial court's dismissal of its indictment charging Paul Lopez with violating reporting requirements imposed on registered sex offenders. Although Lopez concedes the court's dismissal order relied on a case that is no longer...
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. Civ. App. P. 28(a)(1), (f). MEMORANDUM DECISION ESPINOSA , Judge . 1 Dantan Salda a appeals from the trial court's order denying his request for attorney fees brought under 42 U.S.C. 1988. Salda a argues the trial court erred by finding he was not the prevailing party below for the purpose of a fee award. For the...
