STATE EX REL. NEELY v. SHERRILL

No. CV-89-0265-PR.

165 Ariz. 508 (1990)

799 P.2d 849

The STATE of Arizona ex rel. Stephen D. NEELY, Pima County Attorney, Petitioner, v. The Honorable William SHERRILL, Judge of the Superior Court, in and for the County of Pima, Respondent, and Thomas Raymond VOGT, Real Party in Interest.

Supreme Court of Arizona, En Banc.

October 11, 1990.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Louis M. Spivack, Deputy County Atty., Tucson, for petitioner.

Susan A. Kettlewell, Pima County Public Defender by Creighton Cornell, Asst. Public Defender, Tucson, for real party in interest.


OPINION

MOELLER, Justice.

JURISDICTION

After a mistrial in this criminal case, the defendant moved to preclude the state from using the victim's in-court, post-hypnotic identification of defendant. The trial court granted the motion. On special action to the court of appeals, that court reversed and held the post-hypnotic identification admissible. We granted review pursuant to Rule 8(b) Ariz.R.P.Spec. Action...

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