Superior Court >Lower Court And Admin Appeals Const. Issues

a.) 01st Amend - Free spch, peaceable ass'y
LC2004-000619-001 DT Phoenix Newspapers INC v. City of Tempe Sp. Actions juris. appropriate to order City of Tempe to comply w/ newspapers request for salaries of city employees under Ariz. Public Records Law. All public employees salaries are open to public inspection. Ct. awarded atty. fees against Tempe for its wrongful refusal to comply w/ Public Records Law request.
LC2003-000566-001 DT State v. Wells There is no "newsgatherers" or "reporters privilege" to commit crime of trespass.
CV2002-016061 Phoenix K v. Phoenix City Phoenix S.O.B. ordinances are costitutional

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b.) 04th Amend - Unreas srch/siez, prop warr
(1) DUI - Arrest
LC2001-000130 State v. Delaney Recant of refusal to test

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(2) DUI - Roadblock
LC2001-000830 State v. Nystrom DUI; BAC = .10; no roadblock equivalent
LC2001-000613 State v. Vesley DUI; suff. of evid.; den. of mot. to suppr; DUI; BAC = .10 w/i 2 hrs. of driving

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(3) Investigative detention
LC2003-000832-001 DT State v. Price No detention where Appt. vol. stopped his vehicle.
LC2003-000519-001 DT State v. Reinhardt 04th Amend - Invest stop properly based on "anonymous tip"
LC2003-000300-001 DT State V. Jones "reas. susp." to stop Appt's vehicle rec. of wide turn at an intersection.
LC2003-000297-001 DT State v. Kelly "Reas. susp." - Officers had "reas. susp." to make traffic stop based on swerving - dist. US v. Colin
LC2002-000335 State v. Boward DUI intoxicating liquor; BAC > .08 w/i 2 hrs. of driving
LC2002-000241 State v. Miceli Reas susp of traffic offense or that def was trying to signal officers
LC2002-000197 Walking Badger v. State DUI; suspected viol. of traffic law; BAC > .08; extreme DUI > .15
LC2001-000859 State v. Kingsley DUI (drugs/liquor/vapors combo); BAC = .10; extreme DUI
LC2001-000849 State v. Hughes "Reas. susp." to stop who was weaving & almost struck curb - US v. Colin not applic.
LC2001-000766 Curtis v. State Affirm tr. J. who granted def's motion to suppress evid.
LC2001-000764 Bulgrin v. State No reas. susp. of def's car involved; DUI; BAC = .10; driver under 21
LC2001-000718 State v. Wells Speed > reas. & prud.; driver under 21; BAC = .10; DUI/extreme DUI
LC2001-000705 Tudor v. State DUI; BAC = .10; no mud flaps
LC2001-000685 State v. Johnson "Reas. susp." to make traffic stop
LC2001-000641 State v. Redfield Right to counsel; driving on susp'd license; app on inaudible RT & lack of prob cause
LC2001-000405 State v. Burke DUI; def claimed police had no reas susp
LC2001-000044 State v. Domke DUI; def claimed police had no reas susp

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(4) Probable cause
LC2002-000281 State v. Cingel Seizure of blood drawn for medical purposes pursuant to 28-1388(E)
LC2002-000040 State v. Chavira Prob. cause for warrantless blood draw at hospital
LC2001-000695 State v. Quihuis DUI; suff of evid; physical control of motor veh
LC2001-000266 State v. Weindel Mot. to suppr; improper denial
LC2001-000245 State v. Butler DUI; mot to suppr; prob cause
LC2001-000173 State v. Kilgore Mot to suppr; investigatory stop
LC2001-000016 State v. Califano Mot to suppr; prob cause; srch incident to arrest
LC2000-002205 State v. Wygle DUI; mot to suppr.; prob cause: speeding
LC2004-085458 State v. Brooke improper left turn; trial court's order denying motion to suppress DUI-related evidence affirmed; State v. Livingston distinguished (Judge David R. Cole)

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(5) Search & seizure - consent
LC2002-000512 State v. Rembalski Implied consent to search by conduct
LC2002-000042 State v. Kwiatkowski Voluntary consent; permissible "threats"

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(6) Unreasonable search & seizure

LC2002-000139 State v. Johnson Search - photos taken looking over Appellant's fence

LC2002-000206 State v. Troxel Search incident to arrest

LC2002-000667 State v. Lawson Appellant failed to show reasonable expect. of privacy in open garage

LC2001-000089 State v. Melton Emergency aid doctrine

LC2001-000447 State v. Celaya Closed boxes; reas. expectation of privacy

LC2001-000561 State v. Kibarian Emergency aid exception to warrant requirement

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c.) 05th Amend
LC2003-000142-001 DT State v. Lawless witness comment on Appellant silence "harmless error"

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(1) Confessions
LC2004-000500-001 DT State v. Hernandez Where police have p.c. to make arrest, but violate def.'s 4th A. rights by arrest in his house w/out warrant, subsequent vol. confession is not the fruit of illegal arrest - confession is admissable.
LC2003-000304-001 DT State V. Bustamante "corpus delicti" in DUI case req. evid of "reas. inference" that some intox. person was driving at the time of the offense.
LC2003-000284-001 DT State V. Werstler-28-1388(G) which eliminates req.of "corpus delecti" in certain cases is constitutional.
LC2003-000075-001 DT State V. Clausen trial judge erred in finding that interrogation was "custodial".
CV2002-090027 USERVCO v. Nall et al. Reinst. & jmt. on counterclaim not addr'd at trial
LC2002-000075 State v. Heithaus Confessions - "in custody"; Miranda applies
LC2002-000328 State v. Hernandez Corpus delicti proof entirely circumstantial in DUI case
LC2002-000356/7 State v. Carter Miranda warnings not nec. unless person in custody
LC2001-000067 State v. Anderson Corpus delecti; jury instr.
LC2001-000448 State v. Williams Rt. to confront; DUI; leg quals of phlebotomist
LC2001-000516 State v. Breen Den. of rt. to confront of witnesses; trial by decl; rev'd & rem'd
LC2001-000522 Huffman v. State Suff. of evid; DUI/var; mot. to suppr.
LC2001-000544 State v. Popilek Confessions - Miranda applies
LC2001-000657 State v. Gartin Confessions, corpus delicti may be proved by hearsay
CV2001-016749 Gallia et al v. Brewster "Suppl. evidence" after trial a denial of due process
LC2000-000765 De Cardoville v. State DUI-no interrogation of in-custody defendant; vol. admissions
LC2000-001674 State v. Simpson Corpus delicti - Hearsay admiss. under R. 104(a)
LC2000-001922 State v. Manis Confessions - not custodial interrogation

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(2) Confront Witnesses
LC2001-000561 State v. Kibarian Pretrial identification not unduly suggestive

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(3) Double Jeopardy
LC2004-000353-001 DT State v. Davis No viol. of d. jeop. when mistrial is decl. by judge finding a "manifest necessity" justifies mistrial - need for new trial.
LC2002-000029 State v. Winter Multiplicitous charges; Extreme DUI
LC2002-000057 State v. Meranti Rules for when dbl. jeop. attaches
LC2001-000143 State v. Berger Extreme DUI
LC2001-000233 State v. Martinez DUI; Extreme DUI; BAC > .10 (vacated); remanded
LC2001-000718 State v. Wells Extreme DUI
LC2001-000769 State v. Baudoin Multiplicitous charges; Extreme DUI
LC2001-000869 State v. Segal Multiplicitous charges; Extreme DUI

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d.) 06th Amend - Jury Trial/Speedy Trial/Confrontation of Witnesses/Right to Counsel
LC2005-000346-001 DT Abuhl V. Howell No Rt. to Jury trial for crime of false reporting - post - Derendal.
LC2005-000316-001 DT Phoenix City V. Carroll No Rt. to Jury trial on charge of carrying a concealed weapon - post - Derendal.
LC2005-000313-001 DT Marks V. Anagnost No Rt. to Jury trial for crime of threatening and intimidating - post - Derendal.
LC2005-000215-001 DT Fagan V. Blake No Rt. to Jury trial for crimes of assault, disorderly conduct, and threatening and intimidating - post - Derendal.
LC2005-000090-001 DT City of mesa V. Allen Derendal - No const. or common law rt. to jury trial for DUI offenses. But statutory rt. under ARS 28-1381(F) and 28-1382(C) guarantees right to jury trial.
LC2003-000903 State V. Livanavage "Crawford v. Washington hearsay/right of confrontation issues-'9-1-1' tape recording was not 'testimonial' and was properly admitted; however, admission of the tape recording of the assault victim's interview with police, and an officer's testimony about other statements made by the victim, did violate the defendant's right of confrontation- reversed
LC2003-000929-001 DT State V. Scouten Def. charged w/ Fict. Registr. not entitled to court-app't. atty.
LC2003-000824-001 DT State V. Clay State bears burden of justifying decision to end def's phone call to atty during DUI investigation.
LC2003-000139-001 DT State V. Haven limited right to counsel during DUI investigation.
LC2003-000001 Derendal v. Griffith No Rt. to Jury trial in Drag Racing case (28-708)
LC2003-000278-001 DT State v. Morales No rt. to jury trial - "assault"
LC2003-000137-001 DT (consol.) Wilson v. Burkholder No rt. to jury trial for "Dom. Viol." offenses.
LC2003-000138-001 DT Wilson v. Burkholder No rt. to jury trial for "Dom. Viol." offenses.
LC2003-000023-001 DT State v. Fletcher No denial of DUI suspects rt. to consult w/ counsel
CV2002-007615 State v. Nuels et al. No rt. to jury trial for interfering w/ jud. proc.
LC2002-000594 Martori v. State DUI suspects req. to speak w/ counsel ignored - affirm order granting suppression
LC2002-000514 State v. Hammack No rt. to jury trial for "issuing a bad check" charge
LC2002-000117 State v. Currell Rt. to jury trial; no mand. insurance
LC2002-000131 State v. Secondo Right to counsel; DUI case
LC2002-000514 State v. Hammack No rt. to jury trial for "issuing a bad check" charge
LC2002-000117 State v. Currell Rt. to jury trial; no mand. insurance
LC2002-000131 State v. Secondo Right to counsel; DUI case
LC2002-000514 State v. Hammack No rt. to jury trial for "issuing a bad check" charge
LC2002-000117 State v. Currell Rt. to jury trial; no mand. insurance
LC2002-000131 State v. Secondo Right to counsel; DUI case
LC2002-000273 State v. Young Denial of right to confront witnesses - cross-exam of assault victim
LC2002-000334 State v. Barchas Rt. to jury trial - civil traffic cases
LC2002-000419 State v. Andres Rt. to jury trial in aggressive driving case
LC2001-000285 Thoren v. State DUI; rt. to counsel
LC2001-000330 State v. Simcic rt. to counsel; indigency
LC2001-000358 State v. Padilla Rt. jury trial; subst. evid.; conv. aff'd & rem'd.
LC2001-000390 State v. Hernandez Trial de novo; incomplete record rec'd from trial court
LC2001-000430 State v. Burnham Waiver of jury trial; improper waiver; rem'd for new trial; DUI; BAC > .10
LC2001-000446 State v. Goodale Rt. to counsel
LC2001-000561 State v. Kibarian Rt. to counsel; no viol. where def passed out
LC2001-000598 State v. Schaffer No viol. of rt. To counsel in DUI investigation
LC2001-000858 State v. Browder 6th A. rt. to counsel - "limited right" in a DUI investigation
LC2001-000027 State v. Keevy Waiver of rt. to counsel
LC2001-000038 State v. Valentin Pro se litigant; "hybrid" representation
LC2001-000098 State v. Burt DUI; rt. to counsel
LC2001-000271 State v. Crosslin-Young Den. of rt. to speedy trial
LC2000-000406 State v. Hawkins D.V.; rt. to confront accusers; witness credibility
LC2000-002027 State v. Raseley Interfere w/jud proceedings; Den of rt to jury trial
LC2000-002138 State v. Bandusky Rt. to apptd counsel; rt. to jury trial; den rt of counsel
MontoyaMinEnt State v. Montoya Rt. to speedy trial

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e.) 14th Amend

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(1) Eq prot
LC2002-000063 State v. Malakian Solicitation of prostitution; P.D.P. not available to customers
LC2002-000232 State v. Moore Prostitute diversion program
LC2000-002026 State v. Mercado-Bueno Illegal alien, const. iss not raised at trial; "necessity defense"

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(2) Ex post facto laws
LC2002-000054 State v. Chambers Emergency clause effective date of statute; statute not vague (28-1382)
LC2002-000054 State v. Chambers Emergency clause effective date of statute; statute not vague (28-1382)
LC2001-000333 State v. Williams Retroactive law; rev'd; complaint dism'd

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(3) Fair Trial, Due Process
LC2004-000268-001 DT State V. McArdle Victim of DUI car accident's ID (out of court id - a "one man showup") was reliable because victim had opportunity to see def. when she confronted him immediately after the accident.
LC2003-000091-001 DT State V. Williams Due Process does not require a 2nd breath sample on an Intoxilyzer machine.
LC2003-000064-001 DT Foley v. Maricopa County Sheriff's Office, Posse, Board of Supervisors In a Sp. Action Pet. failed to prove prop interest (in a volunteer position) that would entitle him to procedural due process of his term.
LC2002-000671 State v. Nehmeh Denial of D.P. & fair trial - judge required pro se to cite rule when making obj.
CV2001-018541 Hickman v. Costello Insuff. of svc. of process; denial of procedural due process; rev'd, vac'd & rem'd
LC2002-000188 State v. Gilliland Fair trial right to present evidence
LC2002-000277 State v. Jimenez Tr. judge ordered jury to reach a verdict
LC2002-090108 State v. Gleason Tr. Judge rejected relevant evid offered by defendant- clear error
CV2002-003277 Bisby v. Forbey Right to present witnesses
CV2002-003465 Dancer v. Brown Fair trial, forcible det. - rt. to call witnesses
CV2002-006096 Nat'y Women v Shklford Right to notice
CV2002-016584 Mesic v. Hewitt Civil tr. ct. erred in denying Appellant's (prisoner in custody) request to appear by phone
LC2002-000671 State v. Nehmeh Denial of D.P. & fair trial - judge required pouse to cite rule when making obj.
FN2002-090245 Ashley & Crittenden Limitation of impeachment
LC2001-000099 State v. Brown Unreas. speed; denial of due process; remand f/ new trial
LC2001-000306 State v. Anaya Fund. fairness; speed not reas. & prudent
LC2001-000386 State v. LaBarre Rqmt. for evid. hearing; rev'd & rem'd
LC2001-000442 State v. Bleak prosecutor misconduct (misstatement of law); fund. error; speculative testimony
LC2001-000504 State v. McGee Fair trial
LC2001-000518 State v. Zachary Lack of opp'y to be heard; R. 16.1
LC2000-001990 State v. Harrington St. cmt on def' post-arrest silence; viol of due proc

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(4) Preemption
LC2004-000694-001 DT Drumm v. Hamblen Fed. law does not pre-empt State DUI laws as to DUI crimes committed on Indian Reservations by non-tribal members.
LC2001-000128 Jachimek v. State "Tax" vs. "fee"; failure to pay pawnbroker trans. fees

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(5) Statutory interpretation
LC2003-000263-001 DT State v. Bagdonas Mesa ordinance not in conflict with state law.
LC2003-000111-001 DT State v. Westall std. on Mot. to Suppress - foundation for Intoxilyzer results
CV2002-013282 Lasater v. Justice Ct. Az Administrative Review Act is constitutional (not vague or den. equal prot)
LC2002-000065 State v. Stanczak Mandatory sentence for No Proof of Insurance (28-4135) req'd by statute
LC2001-000839 State v. Kruczynski Multiplicious statute; partially vac'd; rem'd

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(6) Vagueness, Overbroadness
LC2003-000260-001 DT State v. Sanchez Vagueness - dog barking city ord. const.
LC2002-000054 State v. Chambers Emergency clause effective date of statute; statute not vague (28-1382)
LC2002-000133 State v. Saltero Vagueness/effective date of statutes; emergency clause
LC2002-000139 State v. Johnson Const. vagueness of charging document
LC2002-000086 State v. Brunen Dom. Violence statute not vague or over-broad
LC2002-000476 State v. Watson Phx Neighborhood Preservation Ord. is not unconst. vague
LC2001-000015 State v. Buchin Const'l vagueness; overbroadness; failure to obey police officer
LC2001-000116 State v. Neiswender Const'l vagueness; opn of adult cabaret
LC2001-000161 State v. Anderson, et al Const'l vagueness; opn of sexually oriented business
LC2001-000277 State v. Kaiser Const'l vagueness/overbroadness of city statute; failure to obey police; aff'd & rem'd
LC2001-000747 State v. Berryhill Vagueness of city ordinance re storage in yard
LC2000-001059 Hines v. State Vagueness of ordinance & statute
LC2000-001992 State v. Magarelli, et al Const'l overbroadness; live sex acts

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