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GUTIERREZ v. MEDLEY

Nos. 970472, 970473 and 970476.

972 P.2d 913 (1998)

Cindy GUTIERREZ, Petitioner, v. The Honorable Tyrone E. MEDLEY, Respondent. Melissa Gutierrez, Petitioner, v. The Honorable Tyrone E. Medley, Respondent. State of Utah, Plaintiff and Appellee, v. Johnny Augusti Gutierrez, et al., Defendants and Appellant.

Supreme Court of Utah.

December 29, 1998.

Attorney(s) appearing for the Case

John D. O'Connell, Jr., Salt Lake City, for Cindy Gutierrez.

Rebecca C. Hyde, Salt Lake City, for Melissa Gutierrez.

Brent M. Johnson, Salt Lake City, for Judge Medley.

Jan Graham, Att'y Gen., Christine Soltis, Asst. Att'y Gen., E. Neal Gunnarson, Barbara J. Byrne, Bel-Ami De Montreux, Salt Lake City, for the State.

James C. Bradshaw, Salt Lake City, for Johnny Gutierrez.

RUSSON, Justice:

Johnny Gutierrez, his wife Cindy Gutierrez, and his daughter Melissa Gutierrez challenge the Third District Court's order denying a motion to quash subpoenas issued to Cindy and Melissa Gutierrez pursuant to Utah Code Ann. § 77-22-2. We reverse and remand.

FACTS

On or about August 5, 1996, Roberto Huerta was shot and killed during a gun battle at the home of defendant Johnny Gutierrez. Both Cindy and Melissa Gutierrez were at...

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