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American Family Mutual Insurance v. Sharp
Arizona Supreme Court · 2012-05-31 · cited 17×
In this case, the Arizona Supreme Court addressed certified questions from a federal district court regarding an insurer's denial of underinsured motorist (UIM) coverage. Sabine Sharp was injured in a motorcycle accident while riding as a passenger with her husband and sought UIM benefits under her separate auto insurance policy with American Family after recovering liability limits from her husband's motorcycle policy with the same insurer. The court held that A.R.S. § 20-259.01(G) requires the insurer to provide UIM coverage under the auto policy to all insured persons, and that subsection (H)'s anti-stacking provision does not permit denial of the claim based on recovery under a different policy. The reasoning focused on the statutory mandate for broad UIM coverage and the principle that only exceptions explicitly allowed by the Uninsured/Underinsured Motorist Act are valid.
business & regulatorytorts & liabilityprocedure
Arizona Independent Redistricting Commission v. Brewer
Arizona Supreme Court · 2012-04-20 · cited 20×
The case concerned the Arizona Governor's removal of Colleen Mathis as chairperson of the Arizona Independent Redistricting Commission, an independent body responsible for drawing congressional and state legislative districts. The Arizona Supreme Court accepted special action jurisdiction and granted relief by ordering Mathis's reinstatement. The court held that the Governor's stated grounds for removal—Mathis's role in hiring a mapping consultant by majority vote and alleged procedural issues in adjusting draft maps—did not amount to substantial neglect of duty or gross misconduct under Article 4, Part 2, Section 1(10) of the Arizona Constitution. The opinion emphasized that compliance with constitutional map-drawing criteria is properly evaluated only after final maps are adopted, not during the ongoing draft stage.
electionsprocedure
Walsh v. Advanced Cardiac Specialists Chartered
Arizona Supreme Court · 2012-04-13 · cited 17×
This case involved a wrongful death lawsuit brought by the surviving wife and four adult children of Jerome Walsh against Advanced Cardiac Specialists Chartered, alleging medical negligence in failing to diagnose and treat an infection after heart surgery, which led to his death. The jury found for the plaintiffs and awarded $1 million to the wife but zero damages to each of the children, despite their uncontroverted testimony about their losses. The children moved for a new trial on damages under Arizona Rule of Civil Procedure 59(a), but the trial court denied it on waiver grounds under Rule 49(c) based on prior precedent. The Arizona Supreme Court held that a jury may award zero damages if it finds the award fair and just, that no automatic new trial is required, and that waiver under Rule 49(c) does not apply because the verdict was not defective or inconsistent in the relevant sense. The court overruled two prior appellate decisions, vacated the court of appeals opinion, reversed the trial court's denial, and remanded for the trial court to consider the new trial motion on its merits under Rule 59(a).
torts & liabilityprocedure
State v. Wallace
Arizona Supreme Court · 2012-03-27 · cited 7×
In State v. Wallace, James Granvil Wallace was convicted of murdering his girlfriend's two children after pleading guilty and received death sentences based solely on the aggravating circumstance that the murders were especially heinous or depraved under A.R.S. § 13-751(F)(6). On its fourth review of the case, the Arizona Supreme Court conducted an independent review of the death sentences imposed after a 2009 jury trial. The court determined that the State failed to prove beyond a reasonable doubt that Wallace inflicted gratuitous violence, as required by narrowing constructions from prior precedent such as Bocharski, because the evidence did not show he knew he had delivered fatal blows before stopping his attacks. The court therefore vacated the death sentences and imposed consecutive life terms of imprisonment.
criminal law
In Re Abrams
Arizona Supreme Court · 2011-08-04 · cited 8×
This case involved Arizona Supreme Court review of disciplinary proceedings against Tucson Municipal Court Magistrate Theodore Abrams, who had an undisclosed consensual sexual relationship with one attorney who appeared before him and repeatedly made unwanted sexual advances, explicit comments, and physical contact toward another attorney who regularly appeared in his courtroom. Abrams stipulated to removal from the bench based on violations of the Code of Judicial Conduct. The court approved the stipulation, censured Abrams, permanently barred him from serving as a judicial officer in Arizona, and imposed a two-year suspension from the practice of law, reasoning that his conduct was prejudicial to the administration of justice, undermined public confidence in the judiciary, and warranted significant sanctions to protect the public and deter similar misconduct.
civil rightsprocedure
State v. West
Arizona Supreme Court · 2011-05-12 · cited 376×
In State v. West, the Arizona Supreme Court addressed charges of child abuse against foster parents Randall and Penny West after an infant in their care died from head trauma. The trial court denied the defendants' pre-verdict motions for judgment of acquittal under Arizona Rule of Criminal Procedure 20 but later granted their post-verdict motions under Rule 20(b), finding insufficient evidence to identify which defendant caused or permitted the injury. The court of appeals reversed, relying on language from State ex rel. Hyder v. Superior Court that limited post-verdict reconsideration. The Supreme Court held that the same standard—no substantial evidence to warrant a conviction—governs both pre- and post-verdict Rule 20 motions, disapproved contrary dicta in Hyder, and remanded for the court of appeals to apply that standard to the sufficiency of the evidence.
criminal lawprocedure