January Conference Report
On January 8, 2019, the Justices of the Supreme Court granted review in three cases:
1. State v. Jones, CR-18-0370-PR. In State v. Jones, the Arizona Court of Appeals Division One affirmed the conviction of a medical marijuana cardholder for the possession of hash, or resin extracted from the cannabis plant. The Supreme Court accepted review to determine, among other questions, whether resin from the cannabis plant is subject to the immunity provisions of the Arizona Medical Marijuana Act. [Petition for Review]
(Disclosure: Osborn Maledon attorneys are involved with this case.)
2. Normandin v. Encanto Adventures, CV-18-0200-PR. In Normandin v. Encanto Adventures, the Arizona Court of Appeals Division One upheld the constitutionality of Arizona’s recreational user statute, which limits a landowner’s liability to gross negligence. The Supreme Court accepted review to decide whether the Arizona Constitution’s anti-abrogation clause, Ariz. Const. art. XVIII, § 6, prohibits the legislature from granting a private business tort immunity from simple negligence claims when the business is acting as an agent of a public entity in managing public recreational land. [Petition for Review]
3. Sherring v. ICA/City of Tucson, CV-18-0245-PR. In Sherring v. Industrial Commission of Arizona, the Arizona Court of Appeals Division Two held that when employment is conditioned on passing a physical examination, and an injury occurs to a prospective employee during the examination, the prospective employee is not entitled to workers’ compensation. The Supreme Court accepted review to determine whether a potential employee who is required to attend a pre-employment physical arranged by and for the benefit of the employer is entitled to workers’ compensation coverage if an injury occurs during the physical examination. [Petition for Review]
- February 5, 2019: The Supreme Court will consider pending petitions for review and pending motions at their February conference.
- February 7, 2019: The Supreme Court will hear oral argument in two cases: (1) Diaz v. Hon. Bernini/State/Tucson City Prosecutor, CR-18-0250-PR; and (2) State v. Anda, CR-18-0286-PR.
- February 14, 2019: The Supreme Court will hear oral argument in two cases: (1) Sherring v. ICA/City of Tucson, CV-18-0245-PR; and (2) Normandin v. Encanto Adventures, CV-18-0200-PR.
- March 19, 2019: The Supreme Court will hear oral argument in State v. Jones, CR-18-0370-PR.
News and Notes
As previously announced, Justice John Pelander will retire from the Supreme Court on March 1, 2019. Chief Justice Scott Bales has authorized Justice Pelander to participate in the resolution of cases in which he previously participated as a member of the Court and to assist the Court on new cases and other matters as needed until June 30, 2019.