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STATE v. LEE

No. 2 CA-SA 2010-0068.

245 P.3d 919 (2011)

The STATE of Arizona, Petitioner, v. Hon. Kenneth LEE, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and John David Franklin, Sr. and John David Franklin, Jr., Real Parties in Interest.

Court of Appeals of Arizona, Division 2, Department A.

January 13, 2011.

Attorney(s) appearing for the Case

Terry Goddard , Arizona Attorney General By Mike Jette , Tucson, Attorneys for Petitioner.

Piccarretta & Davis, P.C. By Michael L. Piccarretta and Jefferson Keenan , Tucson, Attorneys for Real Party in Interest, John David Franklin, Sr.

Law Office of Michael L. Brown By Michael L. Brown , Tucson, Attorney for Real Party in Interest, John David Franklin, Jr.

OPINION

BRAMMER, Presiding Judge.

¶ 1 In this special action, the State of Arizona seeks relief from the respondent judge's orders compelling depositions in the underlying civil forfeiture proceeding by the real parties in interest, defendants in both the forfeiture action and a parallel criminal proceeding, of named victims in the criminal proceeding. At issue is the scope of a victim's right to refuse a pre-trial deposition under Arizona's...

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