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ROMLEY v. SUPERIOR COURT FOR MARICOPA CO.

No. 1 CA-SA 95-0124.

184 Ariz. 351 (1995)

909 P.2d 418

The STATE of Arizona, ex rel. Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Maurice Portley, a judge thereof, Respondent Judge, and Joe C. HARRIS, Real Party In Interest.

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

Reconsideration Denied October 2, 1995.

Review Denied January 17, 1996.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by E. Catherine Leisch, Deputy County Atty., Phoenix, for petitioner.

Woolston & Kothe, P.C. by Karen L. Kothe, Phoenix, for real party in interest.

OPINION

CONTRERAS, Presiding Judge.

The issue in this Special Action is whether the trial court abused its discretion by denying the State's motion to allow a seventeen year-old, mentally impaired victim to testify by video or closed circuit television. The State contends that the testimony outside of the presence of the real party in interest qualifies under Ariz. Rev. Stat. Ann. ("A.R.S.") section 13-4253 as an exception to the Federal and State confrontation...

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