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STATE v. WARNER

Nos. 2 CA-SA 90-0190, 2 CA-SA 90-0187 and 2 CA-SA 90-0192.

168 Ariz. 261 (1990)

812 P.2d 1079

The STATE of Arizona and Jane Does I, II, and III, Petitioners, v. The Honorable Nanette WARNER, a Judge and the Honorable Howard Hantman, a Judge Pro Tempore for the Superior Court of the State of Arizona, County of Pima, Respondents, and Scott Kammerer, Terry Andrew Pierce, and Ricky Lee Nelson, Real Parties in Interest.

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

Review Denied July 10, 1991.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Catherine M. Shovlin, Tucson, for petitioner State.

Gonzales & Villarreal, P.C. by Elizabeth Peasley-Fimbres, Tucson, for petitioners Jane Does I, II, and III.

Susan A. Kettlewell, Pima County Public Defender by Richard L. Lougee, Ralph E. Ellinwood and David P. Braun, Tucson, for real parties in interest.

OPINION

LIVERMORE, Presiding Judge.

On November 6, 1990, a majority of the voters of the State of Arizona approved Proposition 104, an initiative measure to amend article 2 of the state constitution by adding § 2.1, popularly known as the Victims' Bill of Rights. The amendment was proclaimed law by the governor on November 27. As relevant to this litigation, § 2.1 provides:

SECTION 2.1 (A) To preserve and protect victims' rights to justice...

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