STATE V. MCKENZIE (CRIMINAL APPEAL AND RULE 32 PETITION FOR POST CONVICTION RELIEF) Mohave County Superior Court number CR 2007-236 for post conviction relief and Court of Appeals Number 1 CA-CR 08-0026. Appealing from a Mohave County Superior Court conviction for Aggravated Assault, designated dangerous where the defendant was sentenced to 6.5 years prison. Filed a Motion for New Trial, a Motion to Vacate Judgment of Guilt and both an appeal and a petition for post conviction relief. The petition for Post conviction relief was granted prior to the ruling by the Court of Appeals on the appeal. Mr. Mckenzie was released from prison with time served.
BELL-KILBOURN V. BELL-KILBOURN (FAMILY LAW APPEAL) 1-CA-CV 07-0068. We successfully represented a wife who was denied title to the family residence although she had a Disclaimer Deed from her Husband. This was a published decision which confirmed that a disclaimer deed meant what it said and could not be ignored by the trial court.
ROZZEL V. ROZZELL (FAMILY LAW APPEAL) 1-CA-CV 08-0470. Our client, the husband, was ordered to pay spousal maintenance which he thought was reasonable. The wife did think the award was reasonable and appealed. The Court of Appeals upheld the trial court award and denied the wife's claims.
FARIDEH V. MOMENI (FAMILY LAW APPEAL) 1CA CV 08-0371. The husband appealed the trial court's award of child support which he claimed was too high and ignored changes in his income. We successfully represented the Wife in resisting the appeal. The Court of Appeals upheld the trial court's award of child support and granted the Wife's request for attorney's fees on appeal.
RYAN V. RYAN (FAMILY LAW APPEAL) 2 CA-CV 2005-0048. We represented the wife where she was awarded spousal maintenance after only an eleven month marriage and awarded certain property in the divorce. The husband appealed from the order from the Pinal County Superior Court ordering among other things that Mr. Ryan pay his wife spousal maintenance. The Court of Appeals, Division 2 upheld the decree as issued by the Superior Court.
CAMELLO VISTA HOMEOWNERS ASSOCIATION, INC. v. CAPITOL INDEMNITY CORP., 1 CA-CV 06-0499. Reversed and remanded. Defendant insurance company filed for and was granted dismissal of homeowners association client's claims based on a time limitation clause in a AIA construction performance bond at issue. Upon our appeal, Court of Appeals reversed, reinstated client's case, and held that construction performance and payment bonds are insurance contracts subject to Title 20 of the Arizona Revised Statutes, specifically A.R.S. § 20-1115.A.3 which holds that an insurance contract in its terms may not limit actions to a period less than two years after a cause of action accrues. Also held that the most important factor was the actual accrual date of a plaintiff's ability to sue, not the arbitrary deadlines set forth in the time-limitation provision of the actual bond.
RAMEL ARCHITECTS v. MOHAMMAD AMOUDI, 1CA-CV 08-0424. Pending. Architect client successful at the trial court level on breach of contract suit against real estate developer for non-payment of fees. Issue on appeal, as it was in a Motion for New Trial at the trial court level which we successfully defended, is whether after personal service of original lawsuit, Defendant received proper notice of proceedings and subsequent judgment against him.
STATE V. RAMSEY (CRIMINAL LAW APPEAL) 2-CA-CR-2008-0014. An appeal from the Pinal County Superior Court to the Arizona Court of Appeals, Division 2, from a conviction of Armed Robbery. The Main issue was the failure of the Trial Court to Give a Willits Instruction to the Jury. The Court held that the trial court did not error by not giving the instruction.
Leslie Rakestraw won the ground-breaking case of Backus v. State, 220 Ariz. 101, 203 P.3d 499 (2009) (CIVIAL APPEAL) where the trial court dismissed a wrongful death suit on the grounds the Notice of Claim was defective, but the Arizona Supreme Court reversed, finding the Notice of Claim to be sufficient.
In L.A.R. v. Ludwig, 170 Ariz. 24, 821 P.2d 291 (App. 1991), Leslie Rakestraw was able to reverse summary judgment where the trial court wrongly dismissed a negligence case against a family therapist who falsely reported the father had sexually abused his children.
In the family law case of Avila v. Avila, WL 5448131 (App. 2007), Leslie Rakestraw preserved her client's award of spousal maintenance on appeal and obtained attorney's fees for the wife for having to go through husband's appeal.
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