Agendas and Cases before the Court


 



                                                        
 
NOTE:  Cases are listed until the issuance of the Court's mandate. 
 

JAVIER AGULIA et al v DOUG DUCEY/ADHS/DLLC

Arizona Supreme Court No. CV-20-0335-PR

Oral Argument to be held on 3/9/2021

Case Summary

Petition to Transfer granted on 12/1/2020 
 

AMERICAN CIVIL LIBERTIES UNION OF AZ v DCS

Arizona Supreme Court No. CV-20-0030-PR

Oral Argument  held on 11/17/2020

Case Summary

Petition for Review granted as to Issue 1 only on 8/25/2020

Opinion from the Court of Appeals, Division One, Case No. 1 CA-CV 18-0486 
 
APOLLO EDUCATION v NATIONAL UNION FIRE INSURANCE  
Arizona Supreme Court No. CV-19-0229-CQ 
Opinion issued on 2/17/2021
Oral Argument VACATED BY ORDER ON 03/17/2020 
Certified Question accepted on 10/29/2019 
 

BANNER MEDICAL v HON. GORDON/JEREMY HARRIS et ux

Arizona Supreme Court No. CV-20-0179-PR

Oral Argument held on 2/9/2021

Case Summary

Petition for Review granted on 11/3/2020

Opinion from the Court of Appeals, Division Two, No. 2 CA-SA 19-0051 

 

JACOB BENSON et al v CASA DE CAPRI ENT et al

Arizona Supreme Court No. CV-20-0331-CQ

Oral Argument not scheduled yet

Case Summary not available yet

Jurisdiction accepted on 12/21/2020

 

THOMAS COX v HON. PONCE/MAKAYLA ESPLIN

Arizona Supreme Court No. CV-20-0173-PR

Oral Argument held on 10/13/2020

Case Summary

Petition for Review granted as to this rephrased issue only on 8/25/2020:  Was petitioner Cox’s failure to timely file the paternity action excusable? Even if it was excusable, was the paternity action correctly dismissed on the alternate ground of failure of service? 

 

CVS PHARMACY et al v HON. BOSTWICK/TUCSON MEDICAL

Arizona Supreme Court No. CV-20-0120-PR

Oral Argument held on 12/8/2020

Case Summary

Petition for Review granted on 9/16/2020 as to these rephrased issues:  (2) Whether a hospital may assert a direct claim against a third party it contends caused personal injuries to its patient, even if the patient is covered by Medicaid.  (3) Whether a pharmacy that self-distributes prescription opioids to its affiliated pharmacies owes a duty to the hospital. 
 

JESSIE D. v DCS/F.V./M.D./M.D./C.D.

Arizona Supreme Court No. CV-19-0321-PR

Oral Argument held on 9/22/2020

Case Summary

Petition for Review granted on 5/27/2020

Memorandum Decision issued from the Court of Appeals, Division One, No. 1 CA-JV 19-0073

 

DIANNAH DINSMOOR v CITY OF PHOENIX et al

Arizona Supreme Court No. CV-20-0214-PR

Oral Argument to be held on 3/11/2021

Case Summary

Petition for Review granted on 12/15/2020

Opinion from the Court of Appeals, Division One, No. 1 CA-CV 19-0045 
 

BETH FAY v HON. FOX/STATE/JORDAN HANSON

Arizona Supreme Court No. CR-20-0306-PR

Oral Argument held on 1/14/2021

Case Summary

Petition for Review granted as to this rephrased issue on 11/3/2020: “Is a victim entitled to be heard on a Rule 32.1(f) Request for Delayed Appeal concerning restitution?” 
 

JOHN R FRANCE v ICA/GILA COUNTY/ACIP

Arizona Supreme Court No. CV-20-0068-PR

Opinion issued on 3/2/2020

Oral Argument held on 12/10/2020

Case Summary

Petitions for Review granted on 9/16/2020

Opinion from the Court of Appeals, Division One, Case No. 1 CA-IC 18-0047 
 

ANTHONY GARCIA v HON. BUTLER/STATE

Arizona Supreme Court No. CR-19-0298-PR

Oral Argument held on 6/4/2020

Case Summary

Petition for Review granted on 4/28/2020

Opinion from the Court of Appeals, Division 2 Case No. 2 CA-SA 19-0017 

 

MAARTEN KALWAY v CALABRIA RANCH HOA LLC et al

Arizona Supreme Court No. CV-20-0152-PR

Oral Argument not yet scheduled

Case Summary not yet available

Petition for Review granted on 12/15/2020

Memorandum Decision from the Court of Appeals, Division Two, No. 2 CA CV-19-0106 
 

JAVAN MESNARD et ux v HON. CAMPAGNOLO/SHOOTER

Arizona Supreme Court No. CV-20-0209-PR

Oral Argument to be held on 3/9/2021

Case Summary

Petition for Review granted as to issues 1 and 2 on 12/15/2020 
 

JORGE ROMERO-MILLAN et al v WILLIAM BARR

Arizona Supreme Court No. CV-20-0128-CQ

Oral Argument to be held on 3/11/2021

Case Summary

Jurisdiction accepted on 12/21/2020

 

CONCETTA RIZZIO v SURPASS SENIOR LIVING LLC et al

Arizona Supreme Court No. CV-20-0058-PR

Oral Argument  held on 11/17/2020

Case Summary

Petition for Review granted as to this rephrased issue only on 8/25/2020:  Whether a plaintiff’s retainer agreement under which her attorney will advance all costs of arbitration can be considered as part of the plaintiff’s individualized showing of her ability to financially bear the costs of arbitration.

Opinion from the Court of Appeals, Division One, Case No. 1 CA-CV 19-0221 

 

R.S./S.E. v HON. THOMPSON/TEDDY VANDERS

Arizona Supreme Court No. CR-19-0395-PR

Oral Argument held on 11/19/2020

Case Summary

Petition for Review granted as to this rephrased issue only on 8/25/2020:  Did the court of appeals correctly hold that to be entitled to an in camera review of privileged records as a matter of due process, the defendant must establish a substantial probability that the protected records contain information critical to an element of the charge or defense or that their unavailability would result in a fundamentally unfair trial?

Opinion from the Court of Appeals, Division One, Case No. 1 CA-SA 19-0080 
 

MICHELLE SAMPSON et al v SURGERY CENTER et al

Arizona Supreme Court No. CV-20-0024-PR

Oral Argument held on 2/9/2021

Case Summary

Petition for Review granted on 11/3/2020

Memorandum Decision from the Court of Appeals, Division One, No. 1 CA-CV 18-0113 

 

DARCIE SCHIRES et al v CATHY CARLAT et al

Arizona Supreme Court No. CV-20-0027-PR

Opinion issued on 2/8/2021

Oral Argument held on 12/8/2020

Case Summary

Petition for Review granted on 9/16/2020 as to these rephrased issues: 1. Did the Court of Appeals err in holding that a private university’s promise to invest in its own business is adequate consideration under article IX, section 7 of the Arizona Constitution (the ‘Gift Clause’)?  2. Did the Court of Appeals err by holding that a commercial real estate firm’s renovation of its own property for its own private profit is adequate consideration under the Gift Clause?  3. Did the Court of Appeals err by concluding that economic development is a public purpose under the Gift Clause?

Memorandum Decision from the Court of Appeals, Division One, Case No. 1 CA-CV 18-0379 
 

SPECIALTY COMPANIES GROUP et al v MERITAGE HOMES

Arizona Supreme Court No. CV-20-0086-PR

Oral Argument held on 2/11/2021

Case Summary

Petition for Review granted on 12/15/2020

Opinion from the Court of Appeals, Division One, No. 1 CA-CV 18-0708 

 
GREG SHEPHERD v COSTCO WHOLESALE CORPORATION 
Arizona Supreme Court No. CV-19-0144-PR 
Oral Argument held on 4/14/2020
Case Summary
Petition for Review granted as to the following issues, as rephrased on 1/7/2020:  1.  Does A.R.S. § 12-2296 immunize Costco from plaintiff’s negligence claim?  2.  Does HIPAA inform the standard of care for negligent disclosure of medical information? 
Opinion from the Court of Appeals, Division One, No. 1 CA-CV 18-0072 
 
STATE v CITY OF TUCSON

Arizona Supreme Court No. CV-20-0244-SA

Oral Argument held on 1/12/2021

Case Summary 

 

STATE v SAMMANTHA LUCILLE REBECCA ALLEN 
Arizona Supreme Court No. CR-17-0368-AP 
Oral Argument not yet scheduled 
Case Summary not yet available  
 
STATE v CHRISTOPHER AREVALO
Arizona Supreme Court No. CR-19-0156-PR
Oral Argument held on 5/7/2020
Case Summary
Petition for Review as to this rephrased issue on 3/4/2020: Did the court of appeals correctly hold that A.R.S. § 13-1202(B)(2), a statute enhancing the penalty for threatening or intimidating committed by a member of a criminal street gang, is constitutional? 
Memorandum Decision from the Court of Appeals, Division One, Case Nos. 1 CA-CR 18-0298 and 1 CA-CR 18-0299 
 
STATE v WADE NOLAN CLAY 
Arizona Supreme Court No. CR-18-0489-PR 
Oral Argument held on 6/4/2020
Case Summary

Petition for Review granted to this issue as restated on 3/31/2020:

Do sentences that exceed the petitioner’s expected lifespan and are the equivalent of life without parole violate Eighth Amendment protections as articulated by Graham v. Florida, 560 U.S. 48 (2010), Miller v. Alabama, 567 U.S 460 (2012), and Montgomery v. Louisiana, 136 S.Ct. 718 (2016)? 
Memorandum Decision from the Court of Appeals, Division One, No.  1 CA-CR 18-0463 
 
STATE v JOHN MONTENEGRO CRUZ 
Arizona Supreme Court No. CR-17-0567-PC 
Oral Argument held on 6/2/2020
Case Summary

Petition for Review granted as to these issues as rephrased on 3/31/2020:

 1.  Was Lynch v. Arizona, 136 S. Ct. 1818 (2016) (Lynch II) a significant change in the law for purposes of Ariz. R. Cr. P. 32.1(g)?

 2.  Is Lynch II retroactively applicable to petitioner on collateral review?

 3.  If Lynch II applies retroactively, would its application have probably overturned petitioner’s sentence per Rule 32.1(g)? 

 

STATE v DAVID JOSEPH DUFFY

Arizona Supreme Court No. CR-19-0386-PR

Oral Argument held on 9/22/2020

Case Summary

Petition for Review granted as to these issues, as rephrased on 5/27/2020: 

1.  Whether a claim that the trial court failed to adequately protect a defendant’s Sixth Amendment right to conflict-free counsel can be raised for the first time on appeal or whether it must be raised in a petition for post-conviction relief.

2.  Whether the court of appeals erred when it found that the trial court made an insufficient inquiry into the joint representation in this matter where, inter alia, defense counsel avowed that both defendants had signed a waiver of any conflict arising from the joint representation.

Opinion issued from the Court of Appeals, Division Two, No. 2 CA-CR 18-0071

 

STATE OF ARIZONA v HON. MARNER/DARREN GOLDIN

Arizona Supreme Court No. CR-19-0315-PR

Oral Argument held on 10/13/2020

Case Summary

Petition for Review granted as to this rephrased issue only on 8/25/2020:  Did the court of appeals err by vacating the trial court’s order disqualifying the Arizona Attorney General’s Tucson Office from prosecuting petitioner and instructing that court to reevaluate whether disqualification is warranted based on

factors identified in Gomez v. Superior Court, 149 Ariz. 223 (1986)? 
 
STATE v CHRIS THOMAS GOMEZ 
Arizona Supreme Court No. CR-19-0292-PR
Oral Argument held on 6/2/2020
Case Summary              
Petition for Review as to this rephrased issue on 3/4/2020:  Did the trial court commit reversible error by admitting expert testimony that inconclusive DNA evidence found on the victim had two alleles also present in the defendant’s DNA profile? 
Memorandum Decision from the Court of Appeals, Division One, Case No. 2 CA-CR 18-0052 
 
STATE v MARK NORIKI KASIC JR 
Arizona Supreme Court No. CR-19-0379-PR 
Oral Argument held on 6/4/2020
Case Summary              

Petition for Review granted as to this issue as restated on 3/31/2020:

Do sentences that exceed the petitioner’s expected lifespan and are the equivalent of life without parole violate Eighth Amendment protections as articulated by Graham v. Florida, 560 U.S. 48 (2010), Miller v. Alabama, 567 U.S 460 (2012), and Montgomery v. Louisiana, 136 S.Ct. 718 (2016)? 

Opinion from the Court of Appeals, Division Two, No. 2 CA-CR 19-0143 PRPC 
 
STATE v BRYAN MITCHELL LIETZAU 
Arizona Supreme Court No. CR-19-0132-PR 
Oral Argument held on 2/18/2020
Case Summary
Petition for Review granted on 11/19/2019 
Opinion from the Court of Appeals, Division Two, No. 2 CA-CR 18-0011 
 

STATE v WILLIAM CRAIG MILLER

Arizona Supreme Court No. CR-19-0061-PC

Oral Argument held on 2/11/2021

Case Summary

Petition for Review granted on 11/3/2020 
 
STATE v WILLIAM MIXTON 
Arizona Supreme Court No. CR-19-0276-PR 
Opinion issued on 1/11/2021 
Oral Argument held on 2/13/2020
Case Summary
Petition for Review granted on 11/19/2019 
Cross-Petition for Review granted as to issue #1 only on 11/19/2019 
Opinion from the Court of Appeals, Division Two, No. 2 CA-CR 17-0217 
 

STATE OF ARIZONA v CLAUDIUS C MURRAY

Arizona Supreme Court No. CR-20-0008-PR

Oral Argument held on 10/15/2020

Case Summary not yet available

Petition for Review granted as to this rephrased issue only on 8/25/2020: Did the prosecutor’s misstatement of the reasonable-doubt standard during rebuttal argument constitute fundamental, prejudicial error?

Opinion and Memorandum Decision from the Court of Appeals, Division Two, Case No. 2 CA-CR 18-0312 
 

STATE OF ARIZONA v EASTON COURTNEY MURRAY

Arizona Supreme Court No. CR-19-0368-PR

Oral Argument held on 10/15/2020

Case Summary 

Petition for Review granted as to this rephrased issue only on 8/25/2020:  Did the prosecutor’s misstatement of the reasonable-doubt standard during rebuttal argument constitute fundamental, prejudicial error?

Opinion from the Court of Appeals, Division Two, Case No. 2 CA-CR 18-0313 
 
STATE v VIVEK A PATEL 
Arizona Supreme Court No. CR-19-0366-PR 
Oral Argument held on 5/5/2020
Case Summary
Petition for Review as to this rephrased issue on 3/4/2020: Does A.R.S. § 28-672(G) violate the Victims’ Bill of Rights, Ariz. Const. art. 2, § 2.1 (A)(8), by capping victim restitution? 
Opinion from the Court of Appeals, Division One, Case No. 1 CA-CR 18-0774 
 

STATE v KEYAIRA PORTER

Arizona Supreme Court No. CR-20-0147-PR

Oral Argument held on 1/14/2021

Case Summary

Petition for Review granted as to this issue as rephrased on 11/3/2020:  "Did the court of appeals err by holding that in ruling on a challenge under Batson v. Kentucky, 476 U.S. 79 (1986), and when confronted with a pattern of strikes against minority jurors, the trial court must determine expressly whether the racially disproportionate impact of the pattern is justified by non-pretextual, race-neutral reasons?”

Opinion from the Court of Appeals, Division One, No. 1 CA CR-18-0301 
 
STATE v ALLYN AKEEM SMITH
Arizona Supreme Court No. CR-18-0295-AP
Opinion issued on 11/4/2020 
Oral Argument to be held on 9/29/2020 
Case Summary
 
STATE v MARTIN RAUL SOTO-FONG 
Arizona Supreme Court No. CR-18-0595-PR
Opinion issued on 10/9/2020 
Oral Argument held on 6/4/2020
Case Summary

Petition for Review granted as to this issue as restated on 3/31/2020:

Do sentences that exceed the petitioner’s expected lifespan and are the equivalent of life without parole violate Eighth Amendment protections as articulated by Graham v. Florida, 560 U.S. 48 (2010), Miller v. Alabama, 567 U.S 460 (2012), and Montgomery v. Louisiana, 136 S.Ct. 718 (2016)? 

Memorandum Decision from the Court of Appeals, Division Two, No. 2 CA-CR 18-0181 PRPC 
 
STATE v PRESTON ALTON STRONG 
Arizona Supreme Court No. CR-17-0201-AP 
Oral Argument held on 5/5/2020
Case Summary
 

SWIFT TRANSPORTATION CO OF AZ v HON. CARMAN et al

Arizona Supreme Court No. CV-20-0119-PR

Oral Argument held on 11/19/2020

Case Summary

Petition for Review granted on 8/25/2020 

 

HAROLD VANGILDER et al v ADOR/PINAL COUNTY et al

Arizona Supreme Court No. CV-20-0040-PR

 Oral Argument held on 12/10/2020

Case Summary

Petitions for Review granted on 9/16/2020

Opinion from the Court of Appeals, Division One, Case No. 1 CA-TX 19-0001 

 

MELISSA VARELA v FCA US LLC et al

Arizona Supreme Court No. CV-20-0157-PR

Oral Argument not yet scheduled

Case Summary not yet available

Petition for Review granted as to this rephrased issue on 1/5/2021: “Does the implied obstacle preemption doctrine apply under the facts here to preclude Plaintiff’s claims?”

Opinion from the Court of Appeals, Division One, Case No. 1 CA-CV 19-0209 
 

NEKO ANTHONY WILSON v HON. HIGGINS/STATE

Arizona Supreme Court No. CR-20-0254-PR

Oral Argument held on 10/13/2020

Case Summary

Petition for Review granted on 8/25/2020

Opinion from the Court of Appeals, Division One, Case No. 1 CA-SA 20-0095
 
NOTE:  Cases are listed until the issuance of the Court's mandate.
 
 
Notice: While the clerk's office maintains quality control measures on the information posted, some errors may occur. All posted information is subject to change or amendment.