22 results for 'court:"Arizona Court Of Appeals Division Two"'.
J. O'Neil finds a lower court improperly sentenced a defendant to second degree murder after he shot and killed a coworker inside of a vehicle. The State argued that it properly presented evidence in court concerning items located in the defendant's residence, which included firearms and ammunition, and that he is an unreasonable person. However, the defendant sufficiently showed in court that the government improperly submitted evidence that was harmless and prejudicial. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: O'Neil, Filed On: May 13, 2024, Case #: 2 CA-CR 2023-64, Categories: Evidence, Firearms, Murder
J. O'Neil finds a lower court improperly dismissed a surviving spouse's wrongful death claims against a county. The county argued that it is entitled to immunity. However, the surviving spouse sufficiently showed in court that the county's constable convinced his wife, an apartment complex manager, to help her serve a writ of restitution on a violent tenant, which resulted in the tenant shooting and killing both women, and then killing himself. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: O'Neil, Filed On: March 28, 2024, Case #: 2 CA-SA 2023-91, Categories: Employment, Immunity, Wrongful Death
J. Starring finds a lower court improperly sentenced a defendant on six counts of sexual conduct with a minor. The State argued it properly excluded "nonessential people" from the courtroom during the defendant's victim's testimony. However, the defendant presented sufficient evidence that the court erred in closing the courtroom during the essential parts of the proceedings. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: Staring, Filed On: February 9, 2024, Case #: 2 CA-CR 2022-87, Categories: Fair Trial, Sex Offender
J. Gard finds a lower court properly granted a wife's order of protection against her estranged husband for domestic violence. The husband argued that the lower court erred in disqualifying his right to possess or purchase firearms and ammunition, and that he is not a "credible threat" to his wife. However, although the lower court failed to follow a credible- threat procedure, it does not justify reversible error. Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Gard, Filed On: January 22, 2024, Case #: 2 CA-CV 2023-73, Categories: Firearms, Threats, Domestic Violence
J. Vasquez finds a lower court improperly denied a minor child's guardian's motion to allow her to testify in court alongside her facility dog. A judge ruled that the child was only entitled have her service dog accompany her before and after trial in the back of the courtroom. However, the state presented sufficient evidence in court that the service dog's presence would not "bolster" the credibility of a witness. Vacated.
Court: Arizona Court Of Appeals Division Two, Judge: Vasquez, Filed On: December 29, 2023, Case #: 2 CA-SA 2023-96, Categories: Civil Rights, Emotional Distress
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J. Gard finds a lower court improperly granted a defendant's motion for release of transcripts from his second jury proceeding. The defendant, who was indicted on one count of manslaughter, argued that he is entitled to his request. However, the State presented sufficient evidence in court that his request is not based on "furtherance of justice." Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: Gard, Filed On: December 19, 2023, Case #: 2 CA-SA 2023-78, Categories: Jury, Manslaughter
J. Vasquez finds a lower court improperly denied a former Arizona Air National Guard agent's motion for summary judgment concerning claims that he failed to comply with a clearance order. The State argued that the former agent, who was indicted on criminal charges of improperly submitting work related travel expenses, was not entitled to a Freedom of Information Act request concerning his clearance status. However, the former agent sufficiently showed in court that in order to move ahead, both parties have to show whether or not that AZANG is an actual law enforcement agency. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: Vasquez, Filed On: December 15, 2023, Case #: 2 CA-SA 2023-69, Categories: Employment, Government, Jurisdiction
J. Sklar finds a lower court properly denies a parent's motion for a jury trail on misdemeanor domestic violence charges. The defendant argued that he is entitled to relief based on his claims that a conviction for domestic abuse would be detrimental to his rights for parenting time with his three children. However, the State presented sufficient evidence in court that he committed a class-one misdemeanor, which does not afford him a trial by jury. Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Sklar, Filed On: December 13, 2023, Case #: 2 CA-CV 2023-22, Categories: Family Law, Jury
J. Kelly finds a lower court improperly dismissed charges against a defendant for incompetency to stand trial. The defendant argued that she is entitled to relief after failing a competency evaluation. However, the State provided sufficient evidence in court that the superior court exceeded its jurisdiction by tossing out claims against the defendant. Vacated.
Court: Arizona Court Of Appeals Division Two, Judge: Kelly, Filed On: November 30, 2023, Case #: 2 CA-SA 2023-72, Categories: Competence, Jurisdiction
J. O'Neil finds a lower court improperly denied a defendant's motion for a peremptory change of judge. The state argued that the defendant, who was indicted on charges of sexual conduct with a minor, was not entitled to notice of change of judge based on untimeliness. However, the defendant presented sufficient evidence in court that he had not previously waived his rights to for a new judge. Vacated.
Court: Arizona Court Of Appeals Division Two, Judge: O'Neil, Filed On: November 30, 2023, Case #: 2 CA-SA 2023-84, Categories: Judiciary, Sex Offender
J. Eckerstrom finds a lower court improperly dismissed an auto financing company's contract claims against an insurer. The insurance company argued that it was not obligated to provide coverage on an insured's vehicle that was damaged in a car accident based on a null and void policy. However, the financing company sufficiently showed in court that the insured listed it as a loss payee, despite a rescinded policy. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: Eckerstrom, Filed On: November 21, 2023, Case #: 2 CA-CV 2023-65, Categories: Insurance, Contract
J. Staring finds a lower court improperly denied the state's motion for special action review concerning a civilian that fired his rifle at a group of immigrants on his ranch, which resulted in the death of one person. A judge argued that anti-marital fact privilege can be reasserted after the civilian's arrest. However, the state presented sufficient evidence in court that the civilian's wife's post-arrest disclosures to police officers are not considered privileged information. Vacated.
Court: Arizona Court Of Appeals Division Two, Judge: Staring, Filed On: November 7, 2023, Case #: 2 CA-SA 2023-71, Categories: Evidence, Privilege, Firearms
J. Eckerstrom finds a lower court properly ruled in favor of a city on a civilian's assault and battery claims, but erred in denying the civilian's motion for sanctions. The city argued that police officers detained him for being intoxicated and naked below the waist in close proximity to a public park and a school. However, the civilian presented sufficient evidence in court that the city improperly introduced results of a hospital drug screen test before it obtained permission to do so. Reversed in part.
Court: Arizona Court Of Appeals Division Two, Judge: Eckerstrom, Filed On: November 6, 2023, Case #: 2 CA-CV 2022-67, Categories: Civil Rights, Evidence, Assault
J. Kelly finds a lower court properly granted the Alliance for Retired Americans motion for injunction against a county board of supervisors. The county board of supervisors argued that it was entitled to conduct a hand- count audit from county precincts in the 2022 general election, as well as early ballots. The alliance sufficiently showed in court that the appeal is moot based on the "now concluded" 2022 general election. Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Kelly, Filed On: October 18, 2023, Case #: 2 CA-CV 2022-136, Categories: Elections, Government
J. Brearcliffe finds a lower court properly dismissed a defendant's motion for a new trial concerning his aggravated domestic violence conviction. The defendant argued that the State was not entitled to present police body cam footage of his victim's demeanor following the assault. However, the State presented sufficient evidence that the court lacks jurisdiction to hear the claims before the final judgment or conviction. Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Brearcliffe, Filed On: September 29, 2023, Case #: 2 CA-CR 2022-56, Categories: Evidence, Fair Trial, Domestic Violence
J. Eppich finds a lower court properly dismissed a civilian's wrongful death claims. The civilian, a guardian of a child, argued that the lower court erred in ruling in favor of a City, deciding it was immune from wrongful death claims after a mother was struck and killed by a driver while crossing an unmanned pedestrian walkway, which replaced a monitored school crosswalk. However, the City is immune for liability for the alleged defective crosswalk based on its public entity status. Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Eppich, Filed On: September 12, 2023, Case #: 2 CA-CV 2022-46, Categories: Immunity, Negligence, Wrongful Death
J. O'Neil finds a lower court properly convicted a defendant for second- degree murder, theft, and theft of means of transportation. The defendant argued that his concurrent prison terms are unreasonable. However, the defendant funneled money from the bank account of a man whom he murdered, whose decomposed body was found by police officers, and then turned over a hand written note to another inmate, confessing the murder in detail, which the government deemed it as a " voluntary by a preponderance of the evidence." Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: O'Neil, Filed On: July 26, 2023, Case #: 2 CA-CR 2022-108, Categories: Evidence, Murder, Theft
J. Eckerstrom finds a lower court properly convicted a defendant for sexually abusing a minor. The defendant argued that the State erred in allowing a biased juror to participate at trial. However, the juror in question, a retired FBI agent who surveilled alleged pedophiles as a part of his job, presented sufficient evidence in court that he could be "fair and impartial." Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Eckerstrom, Filed On: July 13, 2023, Case #: 2 CA-CR 2022-62, Categories: Jury, Child Victims
J. Gard finds a lower court improperly denied a detainee's motion for credit for time served in jail before she pleaded guilty in court to endangerment and driving under the influence. The State argued that the detainee was not entitled to relief after she was arrested for a second DUI, and that she did not qualify for presentence incarceration credit for a 90-day sentence. However, the detainee presented sufficient evidence in court that she is entitled to credit for time for the 30 days she spent in custody before sentencing. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: Gard, Filed On: June 27, 2023, Case #: 2 CA-SA 2023-9, Categories: Sentencing, Dui
J. Eckerstrom finds a lower court improperly convicted and sentenced defendant for second-degree murder, aggravated assault with a deadly weapon, and discharging a firearm at a residence. The state argued that defendant was not entitled to suppress statements he made during a custodial interrogation. However, defendant presented sufficient evidence in court that he submitted an immediate confession based on unlawfully obtained DNA evidence. Remanded.
Court: Arizona Court Of Appeals Division Two, Judge: Eckerstrom, Filed On: June 1, 2023, Case #: 2CA-CR 2021-56, Categories: Dna, Murder, Self Incrimination