discharge hearing (Arizona) · Go Syfert
← Arizona issues

discharge hearing in Arizona

6 Arizona opinions name it 2 courts 1970–2014 0 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
McMurtry v. Weatherford Hotel, Inc.green
arizctapp · 2013 · cited in 1 Arizona opinions naming this issue, 2014–2014
2 sentences

2014Evid. 702 "applies to expert testimony offered in a discharge hearing pursuant to A.R.S. § 36-3714”); McMurtry, 231 Ariz. at 251, ¶ 17 , 293 P.3d at 527 (noting testimony of hospitality industry expert admissible under Ariz. R.

2014Evid. 702 "applies to expert testimony offered in a discharge hearing pursuant to A.R.S. § 36-3714”); McMurtry, 231 Ariz. at 251, ¶ 17 , 293 P.3d at 527 (noting testimony of hospitality industry expert admissible under Ariz. R.

11
Staples v. Concord Equities, L.L.C.green
arizctapp · 2009 · cited in 1 Arizona opinions naming this issue, 2013–2013
2 sentences

2013See Stein, 214 Ariz. at 204, ¶ 17 , 150 P.3d at 777 ; Staples, 221 Ariz. at 29, ¶ 9 , 209 P.3d at 165 .

2013See Stein, 214 Ariz. at 204, ¶ 17 , 150 P.3d at 777 ; Staples, 221 Ariz. at 29, ¶ 9 , 209 P.3d at 165 .

11
Stein v. Sonus USA, Inc.green
arizctapp · 2007 · cited in 1 Arizona opinions naming this issue, 2013–2013
2 sentences

2013See Stein, 214 Ariz. at 204, ¶ 17 , 150 P.3d at 777 ; Staples, 221 Ariz. at 29, ¶ 9 , 209 P.3d at 165 .

2013See Stein, 214 Ariz. at 204, ¶ 17 , 150 P.3d at 777 ; Staples, 221 Ariz. at 29, ¶ 9 , 209 P.3d at 165 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Commonwealth v. Bradway green
massappct · 2004
2 sentences

2013If, as the Center argues, the legislature intended to preclude the superior court from applying Rule 702 to mental-health testimony offered at a discharge hearing, it would have expressly carved out such an exception to the statutory application of the Arizona Rules of Evidence, but it did not. ¶ 22 The Center argues that § 36-3708(A), which mandates that the annual evaluation by a “competent professional” be submitted to the court, means that the report is admissible in a discharge hearing as a matter of law and that the professional who prepared the report must be allowed to testify. ¶ 23 In

2013If, as the Center argues, the legislature intended to preclude the superior court from applying Rule 702 to mental-health testimony offered at a discharge hearing, it would have expressly carved out such an exception to the statutory application of the Arizona Rules of Evidence, but it did not. ¶ 22 The Center argues that § 36-3708(A), which mandates that the annual evaluation by a “competent professional” be submitted to the court, means that the report is admissible in a discharge hearing as a matter of law and that the professional who prepared the report must be allowed to testify. ¶ 23 In

12013–2013
Farish v. Young green
· 1916
2 sentences

1998In Farish , our supreme court indicated that the courts must defer to some extent to the decision to terminate: “Where the word ‘cause’ is not defined by law, it is left in the first instance to the [person with the removal power] to determine what is sufficient cause to justify the removal----” Farish, 18 Ariz. at 303 , 158 P. at 847 .

1998In Farish , our supreme court indicated that the courts must defer to some extent to the decision to terminate: “Where the word ‘cause’ is not defined by law, it is left in the first instance to the [person with the removal power] to determine what is sufficient cause to justify the removal----” Farish, 18 Ariz. at 303 , 158 P. at 847 .

11998–1998
Cleveland Board of Education v. Loudermill green
scotus · 1985
2 sentences

1987He argues on appeal as follows: 1) the trial court erred in failing to apply the Supreme Court’s holding in Cleveland Board of Education v. Loudermill, 470 U.S. 532 , 105 S.Ct. 1487 , 84 L.Ed.2d 494 (1985), to the present case; 2) the discharge for his violation of an order of confidentiality violates his first amendment right to freedom of speech; and 3) the trial court erred in failing to set aside the board’s decision and in failing to review the record.

1987He argues on appeal as follows: 1) the trial court erred in failing to apply the Supreme Court’s holding in Cleveland Board of Education v. Loudermill, 470 U.S. 532 , 105 S.Ct. 1487 , 84 L.Ed.2d 494 (1985), to the present case; 2) the discharge for his violation of an order of confidentiality violates his first amendment right to freedom of speech; and 3) the trial court erred in failing to set aside the board’s decision and in failing to review the record.

11987–1987
Petermann v. International Brotherhood of Teamsters, Local 396 green
calctapp · 1959
2 sentences

1985In a seminal case involving the public policy exception, Petermann v. International Brotherhood of Teamsters Local 396, 174 Cal. App.2d 184 , 344 P.2d 25 (1959), the California Court of Appeals upheld an employee's right to refuse to commit perjury, stating: The public policy of this state as reflected in the Penal Code ... would be seriously impaired if it were to be held that one could be discharged by reason of his refusal to commit perjury.

1985In a seminal case involving the public policy exception, Petermann v. International Brotherhood of Teamsters Local 396, 174 Cal. App.2d 184 , 344 P.2d 25 (1959), the California Court of Appeals upheld an employee's right to refuse to commit perjury, stating: The public policy of this state as reflected in the Penal Code ... would be seriously impaired if it were to be held that one could be discharged by reason of his refusal to commit perjury.

11985–1985
Helms v. Holmes green
ca4 · 1942
2 sentences

1970Kesler v. Department of Public Safety, 369 U.S. 153 , 82 S.Ct. 807 , 7 L.Ed.2d 641 , (1962); Helms v. Holmes, 129 F.2d 263 , 141 A.L.R. 1367 (4th Cir.1942); National Finance Company v. Valdez, 11 Utah 2d 339 , 359 P.2d 9 (1961).

1970Kesler v. Department of Public Safety, 369 U.S. 153 , 82 S.Ct. 807 , 7 L.Ed.2d 641 , (1962); Helms v. Holmes, 129 F.2d 263 , 141 A.L.R. 1367 (4th Cir.1942); National Finance Company v. Valdez, 11 Utah 2d 339 , 359 P.2d 9 (1961).

11970–1970
Kesler v. Department of Public Safety of Utah red
scotus · 1962
2 sentences

1970Kesler v. Department of Public Safety, 369 U.S. 153 , 82 S.Ct. 807 , 7 L.Ed.2d 641 , (1962); Helms v. Holmes, 129 F.2d 263 , 141 A.L.R. 1367 (4th Cir.1942); National Finance Company v. Valdez, 11 Utah 2d 339 , 359 P.2d 9 (1961).

1970Kesler v. Department of Public Safety, 369 U.S. 153 , 82 S.Ct. 807 , 7 L.Ed.2d 641 , (1962); Helms v. Holmes, 129 F.2d 263 , 141 A.L.R. 1367 (4th Cir.1942); National Finance Company v. Valdez, 11 Utah 2d 339 , 359 P.2d 9 (1961).

11970–1970
National Finance Company of Utah v. Valdez green
utah · 1961
2 sentences

1970Kesler v. Department of Public Safety, 369 U.S. 153 , 82 S.Ct. 807 , 7 L.Ed.2d 641 , (1962); Helms v. Holmes, 129 F.2d 263 , 141 A.L.R. 1367 (4th Cir.1942); National Finance Company v. Valdez, 11 Utah 2d 339 , 359 P.2d 9 (1961).

1970Kesler v. Department of Public Safety, 369 U.S. 153 , 82 S.Ct. 807 , 7 L.Ed.2d 641 , (1962); Helms v. Holmes, 129 F.2d 263 , 141 A.L.R. 1367 (4th Cir.1942); National Finance Company v. Valdez, 11 Utah 2d 339 , 359 P.2d 9 (1961).

11970–1970

Where else courts name it

IL 105 (1890–2026) OH 47 (1915–2026) PA 41 (1892–2023) CA 38 (1904–2024) ND 34 (2001–2025) MO 22 (1906–2015) WI 19 (1967–2023) NY 17 (1847–2013) TX 15 (1988–2026) CT 15 (1946–2018) OR 11 (1895–2022) IN 11 (1888–2016) FL 10 (1975–2024) MA 10 (1890–2008) MN 9 (1984–2025) GA 8 (1906–2010) AR 7 (1987–2013) MI 7 (1903–2023) IA 6 (1905–2021) AZ 6 (1970–2014) OK 6 (1903–2014) CO 5 (1930–1992) WA 5 (1981–2021) KY 5 (1950–2025) LA 5 (1931–1972) VT 4 (1882–2013) WV 4 (1953–2016) NM 4 (1985–2019) NJ 4 (1828–2014) DC 4 (1965–1997) KS 4 (1934–1998) MD 3 (1843–2015) SC 3 (1911–1992) VA 3 (1998–2003) UT 3 (1989–2021) TN 3 (1988–1993) NC 3 (1887–2017) WY 2 (1975–2019) SD 2 (1981–1992) AK 2 (1995–2021) NE 2 (1907–2022) ID 2 (1988–1989) MT 2 (1926–2003) AL 2 (1996–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check