WATERS v. O'CONNOR

No. 1 CA-SA04-0140.

103 P.3d 292 (2004)

209 Ariz. 380

Korri Lee WATERS, Petitioner, v. The Honorable Karen O'CONNOR, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Richard Romley, Maricopa County Attorney, Real Party in Interest.

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

December 14, 2004.


Attorney(s) appearing for the Case

Maricopa County Public Defender, By Karla Momberger, Deputy Public Defender, Phoenix, Attorneys for Petitioner.

Richard M. Romley, Maricopa County Attorney, By Lisa Marie Martin, Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest.


OPINION

NORRIS, Judge.

¶ 1 This special action arises out of the trial court's denial of a motion filed by petitioner-defendant Korri Lee Waters to suppress testimony under the clergy-penitent privilege statute applicable in criminal prosecutions, Arizona Revised Statutes ("A.R.S.") § 13-4062(3) (Supp.2004). The statute provides that, under certain circumstances, a confession made to a "clergyman" is privileged. Id. The trial court denied...

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