¶1 Appellant Barry Wyttenbach (Barry), personal representative of Emmett Wyttenbach's (Emmett) estate, appeals the probate court's grant of summary judgment to Nona Wyttenbach (Nona) and the dismissal of the complaint with prejudice. For the following reasons, we affirm in part, reverse and remand in part for further proceedings consistent with this opinion... FACTS AND PROCEDURAL HISTORY... ¶2 Emmett and Esther Wyttenbach created a Revocable Living Trust (the trust) in 1984 naming...  

¶1 This is a special action review of an Industrial Commission of Arizona (ICA) decision denying Sabino Carbajal's (Claimant) request seeking compensation from Gabb Robbins North America (Carrier) for care provided by Celia Carbajal (Wife) during the times in which no skilled attendant care is provided to Claimant. For the following reasons, we affirm... FACTS AND PROCEDURAL HISTORY... ¶2 Claimant sustained severe injuries to his head and spinal cord in an industrial accident on...  

¶1 Appellant, J.O., appeals the decision of the superior court finding that as a result of a mental disorder she was a danger to herself and others and persistently or acutely disabled. Appellant argues that the evidence was insufficient for the court to order treatment because it was not based upon two examining... ... ... physicians' opinions that Appellant was suffering from a mental disorder that rendered her dangerous to herself or to others and persistently or acutely disabled as...  

¶1 Appellants Lorenzo and Bertha Sanchez appeal from the trial court's grant of summary judgment in favor of appellees James Levi, M.D., and Tucson Orthopaedic Institute. The trial court based its ruling on the Sanchezes' failure to comply with the statute governing preliminary expert opinion affidavits in medical malpractice cases, A.R.S. § 12-2603. Contending the statute's requirements cannot be harmonized with the res ipsa loquitur doctrine, the Sanchezes argue, inter alia, that...  

¶1 Following a jury trial, appellant William Flythe was found guilty of transportation of marijuana for sale and was sentenced to three years' imprisonment. On appeal, he argues the trial court erred in denying his motion to sever his trial from that of his codefendant, Sterling Moore. We affirm... ... ... Factual and Procedural Background... ¶2 We view the facts in the light most favorable to upholding the jury's verdict. State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914...  

¶1 James Granvil Wallace pleaded guilty to three counts of first-degree murder and was sentenced to death on each count. This is an automatic appeal from those sentences. See Ariz. R... ... ... Crim. P. 31.2(b). We have jurisdiction under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 13-4031 (2001)... I... ¶2 Wallace lived with Susan Insalaco, his girlfriend, and her two children, sixteen-year-old Anna and twelve-year-old Gabriel, in Susan's home in Pima...  

¶1 This case concerns elector Wesley Kent's challenge to the nomination petitions of Keith Bee, a candidate seeking to become the Republican nominee for Pima County Justice of the Peace for Precinct 5. Bee appealed from a superior court judgment invalidating his nomination petitions and striking his name from the ballot. We issued an order reversing the superior court and stating that Bee's name will appear on the primary ballot. This opinion explains our reasoning... I. Factual and...  

¶1 Eliezer Rodriguez-Rosario ("Defendant") challenges his convictions because a juror, when polled, told the trial court he did not agree with the verdict. He argues that the court... ... ... should have granted his motion for a mistrial. For the following reasons, we vacate the convictions and sentences and remand for a new trial... FACTS AND PROCEDURAL BACKGROUND1... ¶2 An undercover Phoenix police officer purchased twenty dollars of methamphetamine from Defendant in...  

¶1 We consider today whether a homebuilder who is not also the vendor of the residence can be sued by a buyer for breach of the implied warranty of workmanship and habitability. We conclude that absence of contractual privity does not bar such a suit... I... ¶2 William Mahoney and The Lofts at Fillmore, L.L.C. (collectively, "the Developer") contracted with Reliance Commercial Construction, Inc. ("Reliance") to convert a building owned by the Developer into...  

¶1 In a custody proceeding involving an Indian child, a state court must comply with the Indian Child Welfare Act ("ICWA"), 25 U.S.C. §§ 1901 to 1963 (2000). Under ICWA, before a state court judge may order foster care placement of an Indian child, the judge must make "a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to...  

¶1 We have been asked to decide whether an elector's signature on a nominating petition is invalid as a matter of law if the elector provides a post office box address in the address portion of the signature line. We hold that it is not... I. FACTS AND PROCEDURAL HISTORY... ¶2 Albert Hale seeks his party's nomination for state senator from Legislative District Two. To qualify for the primary ballot, Hale needs 522 valid signatures on his nominating petitions. Hale submitted eighty...  

¶1 We are asked to decide whether plaintiff-appellee Arab Monetary Fund (the "AMF") can collect the English judgment for litigation costs against appellant Jafar Hashim ("Hashim") from the... ... ... community property of Hashim and his spouse, Maryam Salass. Because we find that Hashim's liability was incurred before he was married and the community cannot be responsible for the premarital obligation, we reverse the summary judgment and remand for further proceedings......  

¶1 A jury found Phillip Alan Bocharski guilty of first-degree felony murder and burglary in the first degree. A judge subsequently sentenced Bocharski to death. On appeal, this Court affirmed Bocharski's convictions, State v. Bocharski (Bocharski I), 200 Ariz. 50, 63 ¶ 68, 22 P.3d 43, 56 (2001), but... ... ... reversed the death sentence, concluding that Bocharski received inadequate funding for a mitigation investigation, id. at 62 ¶ 62, 22 P.3d at 55. We remanded the case for...  

¶1 Kelly Fischer (Defendant) appeals from his convictions and resulting sentences for sexual conduct with a minor and conspiracy to commit sexual conduct with a minor, each a class 6 undesignated offense. For reasons that follow, we affirm... ISSUES PRESENTED... ¶2 Defendant raises five issues:... ... ... 1. Whether his convictions violate the right to free exercise of religion under the First and Fourteenth Amendments to the United States Constitution... 2. Whether his convictions...  

¶1 Plaintiff Allan Yollin ("Yollin") appeals the decision of the superior court dismissing his personal injury action against defendant City of Glendale ("Glendale"). Yollin alleges error in the court's application of Arizona Revised Statutes ("A.R.S.") section 12-821.01(A) (2003), Arizona's notice of claim statute. We reverse and remand because the court erred in applying the statute... FACTUAL AND PROCEDURAL HISTORY... ¶2 Yollin filed a notice of claim with...  

¶1 Kelly Fischer (Defendant) appeals from his convictions and resulting sentences for sexual conduct with a minor and conspiracy to commit sexual conduct with a minor, each a class 6 undesignated offense. For reasons that follow, we affirm... ISSUES PRESENTED... ¶2 Defendant raises five issues:... 1. Whether his convictions violate the right to free exercise of religion under the First... ... ... and Fourteenth Amendments to the United States Constitution... 2. Whether his convictions...  

¶1 We have been asked to decide whether the amount of restitution to be paid by a defendant convicted of contracting without a license may be reduced by any value conferred on the homeowner. We hold that such a reduction is appropriate... I. FACTS AND PROCEDURAL HISTORY... ¶2 In January 2005, Richard and Felicita Rada hired Mitchell Matykiewicz to perform remodeling work on their home in Gilbert, Arizona. Over the course of nine months the Radas paid $52,784.22 to Matykiewicz....  

¶1 This case arises from the refusal of appellants City of Bisbee and Helen Lehr, Bisbee City Clerk, (collectively, "the City") to process, pursuant to A.R.S. § 19-121.01, referendum petitions submitted by appellee Jeffery Harris. The City appeals from the trial court's judgment in favor of Harris in his statutory special action brought pursuant to A.R.S. § 19-122(A). That judgment directed the City to accept and transmit for verification certain signatures on petition...  

¶1 Danny Ray Hardesty ("Defendant") appeals his convictions and sentences for possession of marijuana and possession of drug paraphernalia. Defendant contends that the trial court erred in refusing to recognize his religious practice defense based on the free exercise clauses of the United States and Arizona... ... ... Constitutions and the Arizona statutory provisions related to such protections. For reasons that follow, we affirm... FACTS AND PROCEDURAL HISTORY... ¶2 On...  

¶1 The fundamental issue presented on appeal is whether the trial court acted within its authority when, after finding Defendant Sean Wayne Botkin violated his intensive probation in 2004 by committing a felony, it continued Botkin on probation rather than revoking probation and imposing a sentence of... ... ... imprisonment in accordance with Arizona Revised Statutes ("A.R.S.") section 13-917(B) (2001). We conclude that the trial court erred, and we therefore reverse and remand...