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STATE EX REL. THOMAS v. DUNCAN

No. 1 CA-SA 07-0124.

165 P.3d 238 (2007)

STATE of Arizona ex rel. Andrew P. THOMAS, Maricopa County Attorney, Petitioner, v. The Honorable Sally S. DUNCAN, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, William Joseph Reagan, Jr., Real Party in Interest.

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

August 21, 2007.

Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney by Andrea L. Kever, Deputy County Attorney, Phoenix, Attorneys for Petitioner.

James P. Haas, Maricopa County Public Defender by Roy C. Whitehead, Deputy Public Defender, Phoenix, Attorneys for Real Party in Interest.

OPINION

BARKER, Judge.

¶ 1 This special action presents the issue of whether evidence of justification in a manslaughter case that would be prohibited under Arizona Revised Statutes ("A.R.S.") sections 13-401(A), -412(C) and -417(C) (2001) if a justification defense were sought, may may be admissible if it is relevant on a separate issue. The State of Arizona, Petitioner, asks this court to reverse the trial...

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