Chief Justice BERCH, opinion of the Court. 1 William Craig Miller was convicted of five counts of first degree murder, among other charges, and was sentenced to death for each murder. This automatic appeal followed. We have jurisdiction under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. 13-4031. I. FACTUAL AND PROCEDURAL HISTORY 1 2 In 2005, Miller's Scottsdale home burned down. Shortly thereafter, Miller's employee, Steven Duffy, admitted that he and Miller set the...
Chief Justice BERCH, opinion of the Court. 1 In State v. Griffin, 121 Ariz. 538 , 592 P.2d 372 (1979), the Court held that when a convicted defendant dies before his direct appeal is decided, the death abates the prosecution from the outset, and the conviction is set aside. Today, we hold that Griffin 's doctrine of abatement ab initio does not apply when a defendant dies after his conviction is affirmed, but while post-conviction relief proceedings are pending. I. BACKGROUND 2...
Chief Justice BERCH, amended opinion of the Court. 1 Christopher Mathew Payne was convicted of two counts of first degree murder, three counts of child abuse, and two counts of concealing a dead body, and was sentenced to death for each murder. We have jurisdiction of this automatic appeal pursuant to Article 6, Section 5(3) of the Arizona Constitution and A.R.S. 13-4031. I. FACTUAL AND PROCEDURAL BACKGROUND 1 2 Christopher Mathew Payne and his girlfriend, Reina Gonzales, starved and...
Justice PELANDER, opinion of the Court. 1 After rejecting a proposed plea agreement, the trial court erroneously ruled that the State could impeach defendant Anthony Duran with statements he made in connection with his change of plea if he testified inconsistently with them at trial. Duran objected to this ruling and asserts it caused him to choose not to testify. We hold that Duran cannot raise the trial court's error on appeal because a defendant must testify to preserve a challenge to a...
Vice Chief Justice BALES, opinion of the Court. 1 This automatic appeal arises from Stephen Douglas Reeves's conviction and death sentence for the murder of Norma Gabriella Contreras. We have jurisdiction under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. 13-4031 and 13-4033(A)(1). BACKGROUND 2 One Saturday morning in June 2007, Reeves entered an office where eighteen-year-old Contreras was working alone. Reeves asked if the office was hiring; she said no, and he...
Justice PELANDER, opinion of the Court. 1 Arizona voters approved a referendum in 2000 that statutorily directed the Arizona Legislature to annually "increase the base level ... of the revenue control limit" for K-12 public school funding. A.R.S. 15-901.01. The issue here is whether the voters could constitutionally impose this mandate. Finding no constitutional impediment to the electorate's directive, we further hold that legislative adjustments to 15-901.01's funding scheme are...
Vice Chief Justice BALES, opinion of the Court. 1 Arizona's Constitution establishes the Commission on Appellate Court Appointments and requires the Commission to submit "not less than three" nominees to the governor for her appointment to fill an appellate judicial vacancy. Ariz. Const. art. 6, 36-37. Recently enacted House Bill (H.B.) 2600 directs the Commission to submit "the names of at least five persons" to the governor, unless an applicant is rejected by a two-thirds vote of the...
JUSTICE BRUTINEL, opinion of the Court. 1 Efren Medina was convicted in 1995 of first degree murder, third degree burglary, and aggravated robbery. The trial judge sentenced him to death for the murder and to prison terms for the other crimes, and we affirmed on appeal. State v. Medina, 193 Ariz. 504 , 975 P.2d 94 (1999). In 2003, the trial court granted Medina's petition for post-conviction relief ("PCR"), which had alleged ineffective assistance of counsel at sentencing, and vacated...
Justice BRUTINEL, opinion of the Court. 1 Efren Medina was convicted in 1995 of first degree murder, third degree burglary, and aggravated robbery. The trial judge sentenced him to death for the murder and to prison terms for the other crimes, and we affirmed on appeal. State v. Medina, 193 Ariz. 504 , 975 P.2d 94 (1999). In 2003, the trial court granted Medina's petition for post-conviction relief ("PCR"), which had alleged ineffective assistance of counsel at sentencing, and vacated...
Justice BRUTINEL, opinion of the Court. 1 We consider whether a wrongful death claim based on exposure to asbestos in New Mexico, which resulted in mesothelioma diagnosed thirty years later in Arizona, is subject to the substantive law of New Mexico or Arizona. Because New Mexico has the more significant relationship to this claim, that state's law applies. I. 2 Dudley Pounders, a New Mexico resident, worked as a welder for Arizona Public Service ("APS") at the Four Corners Power Plant...
Chief Justice BERCH, opinion of the Court. 1 Christopher Mathew Payne was convicted of two counts of first degree murder, three counts of child abuse, and two counts of concealing a dead body, and was sentenced to death for each murder. We have jurisdiction of this automatic appeal pursuant to Article 6, Section 5(3) of the Arizona Constitution and A.R.S. 13-4031. I. FACTUAL AND PROCEDURAL BACKGROUND 1 2 Christopher Mathew Payne and his girlfriend, Reina Gonzales, starved and...
Chief Justice BERCH, opinion of the Court. 1 This case addresses (a) whether partition ratio evidence is admissible in a prosecution for driving while impaired in violation of A.R.S. 28-1381(A)(1) if the state elects to introduce breath test results only to prove that the defendant had "an alcohol concentration of 0.08 or more within two hours of driving" in violation of A.R.S. 28-1381(A)(2), and (b) whether evidence relating to the variability of partition ratios in the general...
Vice Chief Justice BALES, opinion of the Court. 1 Arizona's economic loss doctrine limits contracting parties to their agreed upon remedies for purely economic losses. Even if a homeowner has no contract with the builder of the home, when there are construction defects, Arizona law allows the homeowner to sue the builder for breach of implied warranty. This cause of action is contractual in nature but rests on duties imposed by law. Despite the availability of this remedy, if the homeowner...
Justice TIMMER, opinion of the Court. 1 Trent Christopher Benson was sentenced to death and prison terms after a jury found him guilty of two counts of first degree murder and eight other felonies. We have jurisdiction over this automatic appeal pursuant to Article 6, Section 5(3) of the Arizona Constitution and A.R.S. 13-4031. 1 BACKGROUND 2 2 Benson committed his crimes against four women at different times over a three-year period. Alisa 3 In November 2004, Benson agreed to...
JUSTICE BRUTINEL, opinion of the Court. 1 A jury found Robert Hernandez guilty of murdering Jeni Sanchez-Rivera, her husband, Omar Guzman Diaz, and Omar's younger brother, Pablo Guzman Diaz, as well as attempted murder for shooting and seriously injuring Maria Elodia Diaz-Payan. The jury determined Hernandez should be sentenced to death for each murder. We have jurisdiction over this automatic appeal pursuant to Article 6, Section 5(3) of the Arizona Constitution and A.R.S. 13-4031. 1 I....
OPINION BRUTINEL, Justice. 1 We address when a trial court, in deciding issues of privilege and waiver, may review in camera allegedly privileged documents that were inadvertently disclosed. 1 We hold that before reviewing a particular document, a trial court must first determine that in camera review is necessary to resolve the privilege claim. I. 2 This litigation began in 2009, when relatives of Bradford Lund (the real parties in interest in this case, collectively, "Miller") sought...
OPINION PELANDER, Justice. 1 A jury found John Vincent Fitzgerald guilty of first degree murder and first degree burglary. He was sentenced to death for the murder and to a prison term for the burglary. We have jurisdiction over this automatic appeal under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. 13-4031. 1 I. FACTUAL AND PROCEDURAL BACKGROUND 2 On April 15, 2005, after traveling from his home in Hawaii to Arizona, Fitzgerald killed his mother, Margaret ("Peggy")...
OPINION BALES, Vice Chief Justice. 1 Arizona's implied consent statute, A.R.S. 28-1321, outlines how law enforcement officers can obtain consent to blood and breath tests from persons arrested for driving under the influence ("DUI") and provides consequences for arrestees who refuse to submit to a test. Against this backdrop, we address whether the Fourth Amendment to the United States Constitution requires that a juvenile arrestee's consent be voluntary to allow a warrantless blood draw....
OPINION PELANDER, Justice. 1 A jury found Eric Boyston guilty of three first degree murders and one count each of attempted first and second degree murder. He was sentenced to death for the murders and to prison terms on the attempt convictions. We have jurisdiction over this automatic appeal under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. 13-4031. 1 I. FACTUAL AND PROCEDURAL BACKGROUND 2 On the evening of February 1, 2004, Boyston was staying with his cousin,...
OPINION BERCH, Chief Justice. 1 This case addresses whether a police officer's response to a phone call placed by a suspect's wife reinitiates an interrogation for purposes of Edwards v. Arizona, 451 U.S. 477 , 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981). We conclude that it does not. When the suspect later contacted police and arranged an interview, the suspect reinitiated the interrogation. I. FACTS AND PROCEDURAL HISTORY 2 On March 27, 2010, David James Yonkman's wife, Kelly, called...
