Saturday, November 8, 2008

Arizona Supreme Court Oral Arguments

Arguments I heard at the law school on Thursday . . .

State of Arizona v. Raphael Durnan
"When the State prosecuted Durnan on felony charges, it complied with the constitutional duty that it owes to indigent criminal defendants by appointing, at its own expense, a private attorney to defend him. Durnan was convicted, but the conviction was overturned for ineffective assistance of counsel. Can the State be held liable for Durnan’s attorney’s negligence in these circumstances?"

City of Phoenix, City of Phoenix Employees’ Retirement System Board v. Mary Ann Perez et al
"1. Are potential class claimants required to do the impossible by setting forth in their pre-suit notice of claim a specific amount for which the case can be settled, when, at the time notice was required to be given, the class has not been established, the class members have not been identified, the damages are impossible to quantify, and no court has certified the class or approved a settlement?
2. Does the court of appeal’s decision thwart class action relief against public entities, an outcome this Court clearly found unacceptable in Andrew S. Arena v. Superior Court, 163 Ariz. 423, 788 P.2d 1174 (1990)?"

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