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  • Commentaries
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Arizona Case Commentaries

A.R.S. § 12-821 Does Not Abrogate Nullum Tempus for Public-Entity Plaintiffs

A.R.S. § 12-821 Does Not Abrogate Nullum Tempus for Public-Entity Plaintiffs

Date: May 1, 2026
A.R.S. § 12-821 Does Not Abrogate Nullum Tempus for Public-Entity Plaintiffs Introduction In CHANDLER v. ROOSEVELT, the Arizona Supreme Court addressed whether the one-year statute of limitations in...
Third-Party Communications as “Directed At” Harassment When Intended to Provoke Adverse Consequences

Third-Party Communications as “Directed At” Harassment When Intended to Provoke Adverse Consequences

Date: Apr 29, 2026
Third-Party Communications as “Directed At” Harassment When Intended to Provoke Adverse Consequences Introduction BRIANA HERNANDEZ v. LUIS ARTURO LOARCA is a domestic-relations-adjacent...
“Processing Operations” Use-Tax Exemption Turns on Marketability Transformation, Not Sale-vs.-Rental or the Taxpayer’s Overall Business

“Processing Operations” Use-Tax Exemption Turns on Marketability Transformation, Not Sale-vs.-Rental or the Taxpayer’s Overall Business

Date: Mar 7, 2026
“Processing Operations” Use-Tax Exemption Turns on Marketability Transformation, Not Sale-vs.-Rental or the Taxpayer’s Overall Business I. Introduction In 9W HALO OPCO, LP v. Arizona Department of...
“Processing Operations” Use-Tax Exemption Turns on Marketability Transformation, Not Sales vs. Rental, and Is Assessed by Discrete Operations

“Processing Operations” Use-Tax Exemption Turns on Marketability Transformation, Not Sales vs. Rental, and Is Assessed by Discrete Operations

Date: Mar 4, 2026
“Processing Operations” Use-Tax Exemption Turns on Marketability Transformation, Not Sales vs. Rental, and Is Assessed by Discrete Operations Introduction In 9W HALO OPCO, LP v. Arizona Department of...
Pre-Screening Crisis Assessments with Nonconfidentiality Warnings Do Not Create a § 32-3283 Privileged Behavioral Health Professional-Client Relationship

Pre-Screening Crisis Assessments with Nonconfidentiality Warnings Do Not Create a § 32-3283 Privileged Behavioral Health Professional-Client Relationship

Date: Feb 15, 2026
Pre-Screening Crisis Assessments with Nonconfidentiality Warnings Do Not Create a § 32-3283 Privileged Behavioral Health Professional-Client Relationship Introduction Case: IN RE: MH2023-004502...
Behavioral-Health Privilege in COT Screenings: Applying the Clements Attorney-Client Framework and Objective-Reasonableness Limits

Behavioral-Health Privilege in COT Screenings: Applying the Clements Attorney-Client Framework and Objective-Reasonableness Limits

Date: Feb 12, 2026
Behavioral-Health Privilege in COT Screenings: Applying the Clements Attorney-Client Framework and Objective-Reasonableness Limits I. Introduction In re: MH2023-004502 is an Arizona Supreme Court...
DCAC Enhancements Apply to Luring Even When the “Minor” Is Fictitious

DCAC Enhancements Apply to Luring Even When the “Minor” Is Fictitious

Date: Feb 1, 2026
DCAC Enhancements Apply to Luring Even When the “Minor” Is Fictitious Case: STATE OF ARIZONA v. HON. MARNER/HANIFFA Court: Supreme Court of the State of Arizona Date: January 30, 2026 Disposition:...
DCAC Enhancement Applies to Luring Even When the “Minor” Is Fictitious (A.R.S. §§ 13-3554(C) & 13-705)

DCAC Enhancement Applies to Luring Even When the “Minor” Is Fictitious (A.R.S. §§ 13-3554(C) & 13-705)

Date: Jan 31, 2026
DCAC Enhancement Applies to Luring Even When the “Minor” Is Fictitious (A.R.S. §§ 13-3554(C) & 13-705) Case: STATE OF ARIZONA v. HON. MARNER/HANIFFA (Ariz. Jan. 30, 2026) | Disposition: Court of...
Red-Light Violation Requires Intersection Entry; A.R.S. § 28-672 Cannot Attach When the Fatal Collision Occurs Before the Intersection

Red-Light Violation Requires Intersection Entry; A.R.S. § 28-672 Cannot Attach When the Fatal Collision Occurs Before the Intersection

Date: Dec 13, 2025
Red-Light Violation Requires Intersection Entry; A.R.S. § 28-672 Cannot Attach When the Fatal Collision Occurs Before the Intersection Case: STATE OF ARIZONA v. HON. GORDON/OWEN (Ariz. Dec. 12, 2025)...
No Statewide Electorate Required: Knight v. Fontes and the Scope of Arizona’s “Free and Equal” Elections Clause

No Statewide Electorate Required: Knight v. Fontes and the Scope of Arizona’s “Free and Equal” Elections Clause

Date: Dec 9, 2025
No Statewide Electorate Required: Knight v. Fontes and the Scope of Arizona’s “Free and Equal” Elections Clause I. Introduction In Knight v. Fontes, CV-24-0220-T/AP (Ariz. Dec. 4, 2025), the Arizona...
State v. Alvarez‑Soto: Arizona Rejects Independent Appellate Review of Video Evidence and Upholds Traffic Stops Based on Objectively Reasonable Mistakes of Law

State v. Alvarez‑Soto: Arizona Rejects Independent Appellate Review of Video Evidence and Upholds Traffic Stops Based on Objectively Reasonable Mistakes of Law

Date: Nov 29, 2025
State v. Alvarez‑Soto: Arizona Rejects Independent Appellate Review of Video Evidence and Upholds Traffic Stops Based on Objectively Reasonable Mistakes of Law I. Introduction The Arizona Supreme...
Non‑Signatories and Forum‑Selection Clauses in Arizona: Henderson v. Moskowitz/Sullivan Rejects the Closely Related Party Doctrine

Non‑Signatories and Forum‑Selection Clauses in Arizona: Henderson v. Moskowitz/Sullivan Rejects the Closely Related Party Doctrine

Date: Nov 29, 2025
Non‑Signatories and Forum‑Selection Clauses in Arizona: Henderson v. Moskowitz/Sullivan Rejects the Closely Related Party Doctrine I. Introduction In Henderson v. Hon. Moskowitz / Sullivan, No....
Clear-and-Convincing Is a Standard, Not an Element: Henke v. Hospital Development of West Phoenix Recalibrates Causation Proof in Arizona Emergency-Room Malpractice

Clear-and-Convincing Is a Standard, Not an Element: Henke v. Hospital Development of West Phoenix Recalibrates Causation Proof in Arizona Emergency-Room Malpractice

Date: Oct 23, 2025
Clear-and-Convincing Is a Standard, Not an Element: Henke v. Hospital Development of West Phoenix Recalibrates Causation Proof in Arizona Emergency-Room Malpractice Introduction In Henke v. Hospital...
Locked Bedrooms as “Residential Structures”: Arizona Supreme Court Recognizes Nested Castles and Limits Co‑Occupant Invitations in Justification Law

Locked Bedrooms as “Residential Structures”: Arizona Supreme Court Recognizes Nested Castles and Limits Co‑Occupant Invitations in Justification Law

Date: Oct 8, 2025
Locked Bedrooms as “Residential Structures”: Arizona Supreme Court Recognizes Nested Castles and Limits Co‑Occupant Invitations in Justification Law Introduction In State of Arizona v. John Logan...
Delegation as Injury: Arizona Supreme Court Recognizes Legislative Standing to Challenge Voter‑Enacted Agency Powers and Clarifies VPA Limits in Montenegro v. Fontes

Delegation as Injury: Arizona Supreme Court Recognizes Legislative Standing to Challenge Voter‑Enacted Agency Powers and Clarifies VPA Limits in Montenegro v. Fontes

Date: Sep 30, 2025
Delegation as Injury: Arizona Supreme Court Recognizes Legislative Standing to Challenge Voter‑Enacted Agency Powers and Clarifies VPA Limits in Montenegro v. Fontes Introduction In Montenegro v....
Personal Waiver Required for Plea-Stage Ineffective Assistance Claims; Stewart’s Automatic Preclusion Disavowed

Personal Waiver Required for Plea-Stage Ineffective Assistance Claims; Stewart’s Automatic Preclusion Disavowed

Date: Sep 24, 2025
Personal Waiver Required for Plea-Stage Ineffective Assistance Claims; Stewart’s Automatic Preclusion Disavowed Introduction In State of Arizona v. Michael Eugene Traverso, the Arizona Supreme Court...
Gross Negligence Is Not a “Reasonable Alternative”: Arizona’s Anti‑Abrogation Clause Invalidates Pandemic Immunity for Ordinary Medical Negligence, but a Clear‑and‑Convincing Burden Survives

Gross Negligence Is Not a “Reasonable Alternative”: Arizona’s Anti‑Abrogation Clause Invalidates Pandemic Immunity for Ordinary Medical Negligence, but a Clear‑and‑Convincing Burden Survives

Date: Sep 13, 2025
Gross Negligence Is Not a “Reasonable Alternative”: Arizona’s Anti‑Abrogation Clause Invalidates Pandemic Immunity for Ordinary Medical Negligence, but a Clear‑and‑Convincing Burden Survives...
Arizona Supreme Court: General Anti‑Assignment Clauses Do Not Bar Assignment of Accrued Implied‑Warranty Claims to HOAs

Arizona Supreme Court: General Anti‑Assignment Clauses Do Not Bar Assignment of Accrued Implied‑Warranty Claims to HOAs

Date: Sep 5, 2025
General Anti‑Assignment Clauses Do Not Bar Assignment of Accrued Implied‑Warranty Claims to HOAs Introduction In Pointe 16 Community Association v. GTIS-HOV Pointe 16, LLC, the Arizona Supreme Court...
“Once Recused, Still Disqualified”: Arizona Supreme Court Requires Disclosure and Opportunity to Object Before a Judge Re‑Enters a Case After Recusal

“Once Recused, Still Disqualified”: Arizona Supreme Court Requires Disclosure and Opportunity to Object Before a Judge Re‑Enters a Case After Recusal

Date: Aug 22, 2025
“Once Recused, Still Disqualified”: Arizona Supreme Court Requires Disclosure and Opportunity to Object Before a Judge Re‑Enters a Case After Recusal Introduction In Contreras v. Bourke, the Arizona...
No Judicial Preapproval for Refilling Charges After NCNR; Dangerousness Trials Require Pending Charges and Apply Retroactively

No Judicial Preapproval for Refilling Charges After NCNR; Dangerousness Trials Require Pending Charges and Apply Retroactively

Date: Aug 21, 2025
No Judicial Preapproval for Refilling Charges After NCNR; Dangerousness Trials Require Pending Charges and Apply Retroactively Introduction In a consolidated decision arising from a protracted...
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