Category Arizona Supreme Court

Arizona Chamber of Commerce & Industry, et al. v. Kiley (State, et al) (Arizona Supreme Court Case No. CV-16-0314-SA, filed August 2, 2017)

The Arizona Supreme Court, in a unanimous opinion, denied a state constitutional challenge to Proposition 206, “The Fair Wages and Healthy Families Act”–an initiative approved by Arizona voters in the November 2016 election, which increased the minimum wage and established mandatory earned paid sick leave. The business groups and organizations challenging the law argued it violated […]

Soto v. Sacco (Arizona Supreme Court Case No. CV-16-0136-PR, filed July 13, 2017)

This case involves the intersection between a jury’s province in a civil case to determine the amount of damages (if any) to award a plaintiff and the trial judge’s authority under Arizona Rule of Civil Procedure 59 to reduce or increase the jury’s damage award under certain circumstances. The Arizona Supreme Court cautioned trial judges to be […]

Hamblen v. Hon. Hatch / Winslow Memorial Hospital, Inc. (Arizona Supreme Court Case No. CV-16-0260-PR, filed July 21, 2017)

This is a case that only arbitration junkies can fully appreciate. It arises out of an employment dispute in which an employer and employee submitted their respective claims against each other to mandatory arbitration under the broad arbitration provision in their employment contract. Neither side specifically challenged the validity or enforceability of that arbitration provision. The arbitrator ruled […]

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 […]

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 […]