PATTERSON v. MAHONEY

No. 1 CA-SA 08-0263.

199 P.3d 708 (2008)

Cherlene PATTERSON and Jody Stratton, "Crime Victims", Petitioners, v. The Honorable Margaret R. MAHONEY, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, The State of Arizona and Douglas D. Grant, Real Parties in Interest.

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

December 18, 2008.


Attorney(s) appearing for the Case

Lewis and Roca LLP By Douglas L. Irish, Sarah Selzer, Phoenix, Attorneys for Petitioners.

Andrew P. Thomas, Maricopa County Attorney By Gerald R. Grant, Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest State of Arizona.

Jones, Skelton & Hochuli, P.L.C. By A. Melvin McDonald, Jay R. Adleman, Phoenix, Attorneys for Real Party in Interest Douglas Grant.


OPINION

PORTLEY, Judge.

¶ 1 The issue in this special action is whether the trial court erred when it ruled that the siblings of the decedent in a murder trial were not victims exempt from the rule governing the exclusion of witnesses pursuant to Arizona Rules of Criminal Procedure 9.3(a) and 39(a).

FACTS & PROCEDURAL HISTORY

¶ 2 Petitioners Cherlene Patterson and Jody Stratton ("Petitioners") are the sisters of Faylene Eaves...

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