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LINCOLN v. HOLT

No. 1 CA-SA 07-0052.

156 P.3d 438 (2007)

Adam LINCOLN, Petitioner, v. The Honorable Cathy HOLT, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, The State of Arizona, ex rel. Andrew Thomas, the Maricopa County Attorney, Real Party in Interest.

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

April 26, 2007.

Attorney(s) appearing for the Case

James J. Haas, Maricopa County Public Defender by Cory Engle, Deputy Public Defender, Phoenix, Attorneys for Petitioner.

Andrew P. Thomas, Maricopa County Attorney by Andrea L. Kever, Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest.

OPINION

BARKER, Judge.

¶ 1 We treat in this special action two issues of first impression: (1) whether Arizona Revised Statutes ("A.R.S.") section 13-4433(H) (Supp.2006), gives the specified parent or legal guardian of the minor crime victim the right to refuse to submit to a pretrial interview, and (2) if so, whether such a right is constitutional. For the reasons that follow, we accept jurisdiction and uphold the trial court's order denying the motion...

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