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STATE EX REL. MONTGOMERY v. DUNCAN

No. 1 CA-SA 11-0195.

269 P.3d 690 (2011)

STATE of Arizona ex rel. William G. MONTGOMERY, Maricopa County Attorney, Petitioner, v. The Honorable Sally DUNCAN, Judge of the Superior Court of The State of Arizona, in and for the County of Maricopa, Respondent Judge, Terrence Lee Fries, Real Party in Interest.

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

As Amended December 29, 2011.

Attorney(s) appearing for the Case

William G. Montgomery , Maricopa County Attorney By Andrea L. Kever , Deputy County Attorney, Phoenix, Attorneys for Petitioner/Appellant.

Michael V. Black , Attorney at Law By Michael V. Black, Phoenix, Attorney for Real Party in Interest.

OPINION

BARKER, Judge.

¶ 1 This is a special action in which the State sought relief from the trial court's pretrial order permitting testimony at trial regarding Victim's prior sexual conduct. Because this issue was not reviewable on appeal if there was an acquittal, we accepted jurisdiction. See State ex rel. Romley v. Dairman, 208 Ariz. 484, 486, ¶ 2, 95 P.3d 548, 550...

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