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BENTON v. SUPERIOR COURT, NAVAJO COUNTY

No. 1 CA-SA 94-0113.

182 Ariz. 466 (1994)

897 P.2d 1352

Gwendolyn Denise BENTON, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF NAVAJO, the Honorable Edward L. Dawson, a judge thereof, Respondent Judge, The STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department B.

Review Denied July 13, 1995.

Attorney(s) appearing for the Case

David J. Martin, Lakeside, for petitioner.

Melvin Bowers, Jr., Navajo County Atty. by Christopher E. Candelaria, Deputy County Atty., Holbrook, for real party in interest.

OPINION

KLEINSCHMIDT, Judge.

In this opinion we hold that the State may, without the permission of a victim, obtain the victim's medical records when such records are needed for the prosecution of a criminal case. On a night in October of 1993, police officers responded to a fight in progress at a motel room in Holbrook. One of the officers noticed that a window to the room had been broken and that the door to the room was ajar. Inside, the police found...

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