CHIEF JUSTICE BALES , opinion of the Court: 1 We here consider whether the trial court erred by summarily denying petitions for post-conviction relief alleging that petitioners' natural life sentences for homicides committed as juveniles are unconstitutional in light of Miller v. Alabama, ___ U.S. ___, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012). Because the United States Supreme Court held in Montgomery v. Louisiana, ___ U.S. ___, 136 S.Ct. 718 , 193 L.Ed.2d 599 (2016), that Miller...
CHIEF JUSTICE BALES , opinion of the Court: 1 Under Arizona Rule of Criminal Procedure 15.1(i)(1), the state, within sixty days of arraignment, "shall provide to the defendant notice of whether [it] intends to seek the death penalty." Here, the State did not file such a notice after Jesse Mesa was arraigned; instead, after discovering new evidence, it obtained a second indictment adding two charges, dismissed the first case, and filed a death notice in the second case. We hold that when...
CHIEF JUSTICE BALES , opinion of the Court: 1 The Gift Clause of Arizona's Constitution bars cities and other public entities from "mak[ing] any donation or grant, by subsidy or otherwise, to any individual, association, or corporation." Ariz. Const. art. 9, 7. For decades, the City of Phoenix has contracted in collective bargaining agreements with police officers to allow "release time," that is, to pay officers for certain time spent on behalf of their authorized representative (a...
VICE CHIEF JUSTICE PELANDER , opinion of the Court: 1 Aaron Brian Gunches was convicted of first degree murder and kidnapping and was sentenced to death. On appeal, we remanded for a new penalty phase trial on the murder conviction. State v. Gunches ( Gunches I ), 225 Ariz. 22 , 27 26, 234 P.3d 590 , 595 (2010). A jury again returned a death verdict. This Court has jurisdiction over this automatic appeal pursuant to article 6, section 5(3), of the Arizona Constitution and A.R.S....
JUSTICE TIMMER , opinion of the Court: 1 Medicare Part C, 42 U.S.C. 1395w-21 et seq., permits enrollees to obtain Medicare-covered healthcare services from private healthcare organizations and their third-party contractors. The Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. 1001 et seq., regulates health plans offered by private employers to employees. We today hold that the administrative appeals process provided under the Medicare Act preempts arbitration of...
JUSTICE BRUTINEL , opinion of the Court: 1 The Arizona Corporation Commission ("Commission") determines the rates that a public service corporation (a "utility") may charge. The Arizona Constitution requires the Commission to determine the fair value of a utility's in-state property when setting rates, which historically has occurred in a full rate case. During a full rate case, the Commission scrutinizes a utility's financial picture and holds many hearings — often extending more than a...
VICE CHIEF JUSTICE PELANDER , opinion of the Court: 1 Under Arizona's comparative fault regime, "[i]n assessing percentages of fault" in a personal injury action, "the trier of fact shall consider the fault of all persons who contributed to the alleged injury." A.R.S. 12-2506(B). In allocating fault, the trier may consider a nonparty's negligence or fault if the defendant, pursuant to Arizona Rule of Civil Procedure 26(b)(5), gives notice that "a nonparty was wholly or partially at...
CHIEF JUSTICE BALES , opinion of the Court: 1 Here we consider whether the odor of marijuana suffices to establish probable cause for issuance of a search warrant, given the adoption of the Arizona Medical Marijuana Act ("AMMA"), A.R.S. 36-2801 through 2819. We hold that it does, unless other facts would cause a reasonable person to believe the marijuana use or possession is authorized by AMMA, thereby dispelling the probable cause that otherwise would exist. I. 2 In March 2013,...
JUSTICE BOLICK , opinion of the Court: 1 We granted review to determine whether multiple convictions under Arizona's resisting arrest statute, A.R.S. 13-508, that arise from a single, uninterrupted course of conduct constitute multiple convictions for the same offense in violation of the Double Jeopardy Clause. We hold that, regardless of the number of officers involved, 13-2508 only permits one conviction when a defendant resists an arrest in the course of a single, continuous...
Justice BRUTINEL , opinion of the Court. 1 Petitioners are health care providers ("Hospitals") who treated patients ("Patients") injured by third parties. The Hospitals were paid by the Patients' insurer, the Arizona Health Care Cost Containment System ("AHCCCS"), which had negotiated reduced rates with the Hospitals. The Hospitals then recorded liens against the Patients pursuant to A.R.S. 33-931 and A.R.S. 36-2903.01(G) for the difference between the amount typically charged for...
Justice BOLICK , opinion of the Court: 1 This case presents the question of whether the Arizona Medical Marijuana Act ("AMMA" or "the Act") immunizes a physician against prosecution for falsely attesting that he reviewed a patient's medical records from the previous twelve months before providing a written certification authorizing medical marijuana use. We hold that AMMA does not grant such immunity. I. BACKGROUND A. Arizona Medical Marijuana Act 2 Arizona voters enacted AMMA, A.R....
Justice TIMMER , opinion of the Court: 1 Although the Fourth Amendment generally prohibits warrantless searches, they are permitted if there is free and voluntary consent to search. Schneckloth v. Bustamonte, 412 U.S. 218 , 219, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); State v. Butler, 232 Ariz. 84 , 87 13, 302 P.3d 609 , 612 (2013). Consent cannot be deemed to be given "freely and voluntarily" if the subject of a search merely acquiesces to a claim of lawful authority. Bumper v....
Justice BRUTINEL , opinion of the Court. 1 During jury deliberations after a lengthy trial, a juror asked the bailiff how long deliberations usually lasted. Without consulting anyone, the bailiff answered, "an hour or two should be plenty." We hold that the trial court did not err by denying the plaintiff's motion for a new trial based on the bailiff's statement without first holding an evidentiary hearing. Although the statement was plainly improper, it was not objectively prejudicial...
Justice BRUTINEL , opinion of the Court. 1 Travis Wade Amaral, then seventeen years old, pleaded guilty to first-degree murder and other charges and was sentenced to life in prison. We consider whether advances in juvenile psychology and neurology in the intervening twenty-two years support a "colorable claim" of newly discovered evidence requiring an evidentiary hearing on Amaral's petition for post-conviction relief. Because the sentencing court considered the distinctive attributes of...
Vice Chief Justice PELANDER , opinion of the Court. 1 Under the learned intermediary doctrine ("LID"), a manufacturer satisfies its duty to warn end users by giving appropriate warnings to the specialized class of persons who may prescribe or administer the product. We hold today that the LID generally applies to a prescription drug manufacturer. We further conclude that the LID is not displaced by the Uniform Contribution Among Tortfeasors Act ("UCATA"), A.R.S. 12-2501 through -2509....
Chief Justice , BALES , opinion of the Court. 1 The State's evidence supporting the conviction of Joseph Javier Romero included testimony by a firearms examiner, based on a toolmark comparison, that a certain pistol had fired six shell casings found at the murder scene. We consider whether the trial court abused its discretion by precluding Romero from offering expert testimony that firearms examiners use subjective rather than scientifically rigorous methods in drawing conclusions from...
Vice Chief Justice , PELANDER , opinion of the Court. 1 We hold that in a private proceeding to sever parental rights, just as in state-initiated proceedings, a juvenile court may conclude that a proposed adoption benefits the child and supports a finding that severance is in the child's best interests. I. 2 Joshlynn F. ("Mother") filed this action to terminate the parental rights of the biological father, Demetrius L. ("Father"), to their now 9-year old child, D.L. We view the facts,...
