IN RE MH 2007-000937

No. 1 CA-MH 07-0017.

189 P.3d 1090 (2008)

In re MH 2007-000937.

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

May 6, 2008.


Attorney(s) appearing for the Case

James J. Haas, Maricopa County Public Defender, By Edith M. Lucero, Deputy Public Defender, Phoenix, Attorneys for Appellant.

Andrew P. Thomas, Maricopa County Attorney By Anne C. Longo, Deputy County Attorney, Andrea L. Cummings, Deputy County Attorney, Phoenix, Attorneys for Appellee.


OPINION

TIMMER, P.J.

¶ 1 We are asked to decide whether the anti-marital fact privilege, Arizona Revised Statutes ("A.R.S.") section 12-2231 (2003), applies in court-ordered treatment proceedings initiated pursuant to A.R.S. § 36-533 (2003). For the reasons that follow, we conclude the privilege applies and, because no exceptions to the privilege exist on the record before us, the trial court erred by permitting appellant K.M.'s husband to testify...

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