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MOREHART v. BARTON

No. 1 CA-SA 10-0126.

236 P.3d 1216 (2010)

Patricia MOREHART and Colleen Duffy, Petitioners, v. The Honorable Janet E. BARTON, Judge of the Superior Court of The State of Arizona, in and for the County of Maricopa, Respondent Judge, The State of Arizona and William Craig Miller, Real Parties in Interest.

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

August 12, 2010.

Attorney(s) appearing for the Case

Crime Victims Legal Assistance Project By Douglas L. Irish and Keli B. Luther, Phoenix, Attorneys for Petitioners.

Richard M. Romley, Maricopa County Attorney By Juan Martinez, Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest State of Arizona.

Law Office of David A. Powell PLC By David A. Powell, Chandler, Carmen L. Fischer, Attorney at Law By Carmen L. Fischer, Phoenix, Attorneys for Real Party in Interest William Craig Miller.

OPINION

BROWN, Judge.

¶ 1 Patricia Morehart and Colleen Duffy ("Petitioners") challenge the trial court's order granting an ex parte hearing to William Craig Miller ("Defendant") for the purpose of addressing mitigation matters. We hold that Petitioners have the right to attend the hearing and we therefore accept jurisdiction and grant relief.

BACKGROUND

¶ 2 Defendant was indicted on five counts of first-degree murder, and the...

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