STATE v. SUPERIOR COURT, PIMA COUNTY

No. 2 CA-SA 0328.

149 Ariz. 397 (1986)

719 P.2d 283

The STATE of Arizona, Petitioner, v. The SUPERIOR COURT of Arizona, In and For the COUNTY OF PIMA, and Honorable John G. Hawkins, a judge thereof, Respondents, and Scott James SKALA, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied April 15, 1986.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima Co. Atty. by Michael E. Owen, Tucson, for petitioner.

Laney & Jaszewski by Samuel Jaszewski, Tucson, for real party in interest.


OPINION

HOWARD, Presiding Judge.

Petitioner brought this special action to challenge the trial court's order in a child molestation case concluding that the three-year-old victim is not competent to testify as a witness and that the victim's out-of-court statements to others are inadmissible. The real party in interest, the defendant, was charged by indictment with one count of child molestation. The court's order...

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