Justice BERCH , opinion of the Court. 1 We granted review to determine whether a group of legislators who voted against House Bill ("HB") 2010 has standing to challenge whether it was passed in a constitutional manner. Because the group had enough votes to have blocked the bill if passage required a supermajority vote, the group has alleged an injury sufficient to confer standing. I. BACKGROUND 2 In the Fifty-First Arizona State Legislature, representatives introduced HB 2010 to...
Chief Justice BALES , opinion of the Court. 1 When a deed of trust secures a promissory note and the trust property is sold at a trustee's sale, A.R.S. 33-814(A) entitles judgment debtors, including guarantors, to have the fair market value of the property credited against the amount owed on the note. We hold that parties may not prospectively waive this provision. I. 2 Loop 101, LLC ("Loop") borrowed $15.6 million from MidFirst Bank in February 2007 to construct an office building....
Justice TIMMER , opinion of the Court. 1 A criminal defendant cannot obtain post-conviction relief based on a ground that has been waived in a prior post-conviction relief proceeding. Ariz. R.Crim. P. 32.2(a)(3). Under the unusual facts of this case, Daniel Diaz did not waive his ineffective assistance of trial counsel claim when, through no fault of Diaz's, his counsel failed to file petitions in two prior post-conviction relief proceedings. I. BACKGROUND 2 Before his 2007...
Justice TIMMER , opinion of the Court. 1 Darrell Bryant Ketchner was sentenced to death after a jury found him guilty of first-degree felony murder, attempted first-degree murder, first-degree burglary, and three counts of aggravated assault. We have jurisdiction over his automatic appeal under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. 13-4031. 1 I. BACKGROUND 2 2 In 1997, Ketchner began an on-and-off romantic relationship with Jennifer, the mother of two...
Justice TIMMER, opinion of the Court. 1 We previously issued an order affirming the superior court's removal of Elizabeth Joice's name from the 2014 general election ballot for a vacant term on the Peoria Unified School District Governing Board. This opinion explains our reasoning. I. BACKGROUND 2 There are three vacant positions for terms on the Peoria Unified School District Governing Board up for election in the 2014 general election. Two of the terms are full four-year terms and one...
Justice BERCH, opinion of the Court. 1 We granted review to determine whether A.R.S. 15-1441(I), which adds two at-large members to the governing board of any community college district located in a county with a population of at least three million people, is a special law prohibited by article 4, part 2, section 19 of the Arizona Constitution. We hold that the amended section is not an unconstitutional special law. I. BACKGROUND 2 Community college districts are authorized by statute....
Chief Justice BALES, opinion of the Court. 1 In a criminal case, a parent who exercises victims' rights on behalf of a minor child is statutorily entitled to refuse a defense interview. We hold that the parent's right to refuse an interview does not expire when the victim turns eighteen, but instead continues until the case ends. I. 2 Crime victims cannot "be compelled to submit to an interview ... that is conducted by the defendant, the defendant's attorney or an agent of the defendant."...
Vice Chief Justice PELANDER, opinion of the Court: 1 The United States Court of Appeals for the Ninth Circuit has certified the following question for our review: Whether a default judgment against insured-defendants that was entered pursuant to a Damron agreement that stipulated facts determinative of both liability and coverage has (1) collateral estoppel effect and precludes litigation of that issue in a subsequent coverage action against the insurer, as held in Associated Aviation...
Justice BRUTINEL, opinion of the Court. 1 A.R.S. 13-116 requires that concurrent sentences be imposed on a defendant whose convictions stem from a single act. Conversely, A.R.S. 13-705(M) requires that sentences imposed on a defendant convicted of certain dangerous crimes against children run consecutively even when the underlying convictions arise from a single act. Resolving the conflict between these statutes, we hold that the trial court properly imposed consecutive sentences...
Justice TIMMER, opinion of the Court. 1 Arizona Revised Statutes 33-992(A) gives mechanics' liens priority over liens recorded after construction begins on real property. We are asked to decide whether that statute precludes assignment by equitable subrogation of a lien that attached before construction began on the project at issue. We hold that it does not. Additionally, although a third party generally must discharge the entire lien obligation to qualify for equitable subrogation, when...
Justice BRUTINEL, opinion of the Court: 1 We are asked to decide whether a warrant authorizing the search of a home also authorizes police to search a purse found there but belonging to a person not named in the warrant. Under the facts of this case, we conclude that it does. I. BACKGROUND 2 Police obtained a warrant to search a Kingman residence for drugs and drug paraphernalia. The warrant also identified two individuals believed to be present. While executing the warrant, police found...
Justice BRUTINEL, opinion of the Court. 1 An assault is aggravated under A.R.S. 13-1204(A)(3) if it is committed "by any means of force that causes temporary but substantial disfigurement ... of any body part." Interpreting the phrase "temporary but substantial disfigurement" for the first time, we hold that substantial evidence supports the jury's determination that Armando Pena, Jr. committed aggravated assault based on the injuries he inflicted to the victim's hand and abdomen. I....
Justice BERCH, opinion of the Court. 1 We granted review to determine whether, during an initially consensual encounter, an officer may frisk an armed individual absent reasonable suspicion that the person was engaged or was about to engage in criminal activity. We hold that an officer must have reasonable suspicion that criminal activity is afoot before frisking the individual. I. BACKGROUND 2 At approximately 10:00 at night, two officers patrolling a "gang neighborhood" in Phoenix...
Chief Justice BALES, opinion of the Court. 1 Jimmie Mu oz, Jr. filed a timely appeal of the trial court's order removing his name from the ballot for the office of Constable for the Downtown Justice of the Peace Precinct of Maricopa County. On June 27, 2014, we entered an order affirming the judgment of the trial court and stating that a written decision would follow. This is that decision. I. 2 Doug Clark, the incumbent constable, challenged the sufficiency of Mu oz's nominating...
PER CURIAM. 1 This petition challenge seeks to remove Toby Farmer's name from the primary ballot for the office of State Senator for Legislative District 13. Don Shooter appeals from the trial court's order declining to remove Farmer's name based on alleged "petition forgery." We entered an order affirming the trial court's judgment and denying Farmer's request for attorney's fees, stating that a written decision would follow. This is that decision. I. 2 "[A]ll petitions ... submitted by...
Chief Justice BALES, opinion of the Court. 1 Fifty years ago, this Court held that if the state fails to preserve evidence that is potentially exonerating, the accused might be entitled to an instruction informing the jury that it may draw an adverse inference from the state's action. See State v. Willits, 96 Ariz. 184 , 191, 393 P.2d 274 , 279 (1964). Today, we reaffirm this principle. Because the trial court erred in refusing to give a Willits instruction and the State has not...
Justice BRUTINEL, opinion of the Court. 1 We are asked to decide whether a juvenile court can delegate discretion to the Arizona Department of Economic Security ("ADES") to determine when it serves a dependent child's best interests to be returned to the child's parent or guardian. We conclude that the juvenile court may not delegate its responsibility to independently determine whether reunification is in the child's best interests. I. BACKGROUND 2 In June 2012, the juvenile court...
VICE CHIEF JUSTICE PELANDER, opinion of the Court. 1 The issue here is whether prejudgment interest awarded as a sanction pursuant to Arizona Rule of Civil Procedure 68(g) is interest on an "obligation" under A.R.S. 44-1201(A) or "interest on a[] judgment" under 44-1201(B). We hold that it is interest on a judgment and, therefore, the applicable prejudgment interest rate in this case is 4.25% under subsection (B), rather than 10% under subsection (A). I. 2 This case is complicated in...
Chief Justice BERCH, opinion of the Court. 1 This case addresses whether 46-455 of Arizona's Adult Protective Services Act subjects acute care hospitals to potential liability. We conclude that it does. I. BACKGROUND 2 The estates of Helen Wyatt and Karl H. Kuhfuss Jr. filed separate wrongful death actions against two acute care hospitals, Phoenix Baptist Hospital and John C. Lincoln Hospital, alleging violations of the Adult Protective Services Act ("APSA"), A.R.S. 46-451 to -459,...
Vice Chief Justice BALES, opinion of the Court. 1 We granted review to determine whether the Arizona Constitution provides a right for defendants in criminal cases to represent themselves on appeal and, if so, when defendants must exercise that right. We hold that there is a state constitutional right to self-representation on appeal and that defendants must give notice of their intent to exercise that right within thirty days of the filing of the notice of appeal. I. 2 On April 23, 2013,...
