PHILLIPS v. ARANETA

No. CV-03-0351-PR.

93 P.3d 480 (2004)

208 Ariz. 280

Kenneth PHILLIPS, Petitioner, v. The Honorable Louis ARANETA, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

June 30, 2004.


Attorney(s) appearing for the Case

Susan Sherwin, Maricopa County Legal Advocate, by Maria L. Schaffer, Deputy Legal Advocate, Phoenix, Attorneys for Kenneth Phillips.

Richard M. Romley, Maricopa County Attorney, by Paul J. McMurdie, Deputy County Attorney, and Catherine M. Hughes, Deputy County Attorney, Phoenix, Attorneys for the State of Arizona.


OPINION

McGREGOR, Vice Chief Justice.

¶ 1 The State has charged Kenneth Phillips with first-degree murder and sexual assault and is seeking the death penalty. This case has not yet proceeded to trial. We granted review to consider whether the trial court judge abused his discretion (1) by requiring the defendant to submit to a mental health examination by the State mental health expert after the defendant notified the State that he will call mental...

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