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STATE v. DRUKE

No. 2 CA-CIV 4319.

132 Ariz. 126 (1982)

644 P.2d 280

The STATE of Arizona, Petitioner, v. The Honorable William E. DRUKE, Judge of the Superior Court, Division XI, In and For the County of Pima, State of Arizona, Respondent, and Darrell Lawrence HAMMOND, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 8, 1982.

Review Denied May 4, 1982.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by John W. Dickinson and Clinton P. Stinson, Tucson, for petitioner.

Frederic J. Dardis, Pima County Public Defender by Michael J. Bloom and Lawrence H. Fleischman, Tucson, for real party in interest.

OPINION

HATHAWAY, Judge.

The real party in interest, Darrell Hammond (Darrell), is the defendant in a pending prosecution for the murder of his mother and stepfather. Joey Hammond (Joey), the defendant's 12-year-old cousin, who was living in the victims' home at the time of the homicide, is to be a witness at trial by a videotaped deposition. The respondent court, pursuant to the defendant's motion in limine, has ruled that the prosecution is precluded from...

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