Author Archives: Stephen Biggs

Simpson v. Hon. Phemonia Miller (Arizona Supreme Court Case No. CR-16-0227-PR, filed Feb. 9, 2017)

In a unanimous opinion, the Arizona Supreme Court struck down the portion of article 2, section 22(A) of the Arizona Constitution and a corresponding statute, A.R.S. § 13-3961(A)(3), that categorically prohibit bail for all persons accused of sexual conduct with a minor under the age of fifteen “when the proof is evident or the presumption great” that the accused committed […]

Equity Income Partners, LP, et al. v. Galileo Capital Partners Limited (Arizona Supreme Court Case No. CV-16-0162-CQ, filed Feb. 7, 2017)

The Ninth Circuit certified three questions to the Arizona Supreme Court to help the Ninth Circuit decide what impact, if any, a lender’s full-credit bid made at an Arizona trustee’s sale has on an insurer’s liability under a standard form (ALTA) title insurance policy. The Arizona Supreme Court answered those three questions as follows: Q: […]

State v. Nissley (Arizona Supreme Court Case No. CR-15-0393-PR, filed Feb. 1, 2017)

Under Arizona law, medical personnel are required to provide to a law enforcement officer (upon request) a portion of any blood sample taken from a patient when the officer has probable cause to believe the patient was driving under the influence of alcohol or other drugs. See A.R.S. § 28-1388(E). This law is an exception to […]

Spring v. Bradford (Arizona Court of Appeals Case No. 1 CA-CV 15-0505, filed Jan. 12, 2017)

Can a trial court exclude an expert witness from hearing or otherwise reviewing the trial testimony of other witnesses? That is the issue the Arizona Court of Appeals addressed in this medical malpractice case. The court held the “rule of exclusion of witnesses” contained in Rule 615 of the Arizona Rules of Evidence, which generally requires […]

Hayward v. Arizona Central Credit Union (Arizona Court of Appeals Case No. 1 CA-CV 15-0450, filed Jan. 10, 2017)

What do you do when you successfully sue the dealership that sold you a car, but the dealership goes out of business without paying the full amount of the judgment you obtained against it? In this case, you sue the credit union that bought the installment sales contract that was the basis for your successful […]

Romero v. Hasan (Arizona Court of Appeals Case No. 1 CA-CV 15-0508, filed Jan. 5, 2017)

In this appeal from the dismissal of a medical malpractice case, the Arizona Court of Appeals addressed the issue of whether a patient filing a medical malpractice claim can circumvent A.R.S. § 12-2603’s requirement regarding a preliminary expert opinion affidavit by requesting an evidentiary hearing at which the patient’s treating physicians could testify regarding the information required […]

Coulter v. Grant Thornton, LLP (Arizona Court of Appeals Case No. 1 CA-CV 14-0625, filed 1/3/2017)

In this civil appeal, the Arizona Court of Appeals addressed an issue of first impression in Arizona: When does a cause of action for accounting malpractice accrue? The court of appeals held that, “[c]onsistent with the discovery rule, . . . determining the accrual date is a fact-based inquiry that turns on when a party knew or […]

Harper v. State of Arizona (Arizona Court of Appeals Case No. 1 CA-CV 15-0519, filed 12/27/2016)

In this employment law case, the Arizona Court of Appeals affirmed the Rule 12(b)(6) dismissal of the statutory and common law wrongful termination claims asserted by five former employees of Child Protective Services (CPS) against the State of Arizona. In 2011, CPS had a backlog of “unassigned” reports involving child abuse and neglect. The plaintiffs in this case, who were part […]

State of Arizona v. Donald Wayne Dalton (Arizona Supreme Court Case No. CR-16-0012-PR, filed 12/22/2016)

In this criminal appeal, the Arizona Supreme Court clarified the standard for determining whether a trial court’s failure to instruct a jury to begin deliberations anew after permitting the mid-deliberation substitution of a juror constitutes reversible error in cases where the defendant did not object to the trial court’s failure to give the “deliberate-anew” instruction. The […]

State of Arizona v. Valencia/Healer (Arizona Supreme Court Case No. CR-16-0156-PR, filed 12/23/2016)

In this criminal law appeal, the Arizona Supreme Court was faced with the question of whether Miller v. Alabama, 132 S. Ct. 2455 (2012), is a significant change in the law that may require the resentencing of persons serving natural life sentences for crimes committed as juveniles. In Miller, the United States Supreme Court held the […]