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STATE v. BERNSTEIN

No. CV-14-0057-PR.

349 P.3d 200 (2015)

STATE of Arizona, Petitioner, v. The Honorable Jerry BERNSTEIN, Judge Pro Tempore of the Superior Court of the State of Arizona, In and for the County of Maricopa, Respondent Judge Doreen Lynn Herman; Ramsey Tohannie; Armen Aslayan; Keith Porter; Mara Hall; Shyla Rotmil; Robert R. Farinas; Kymberly Crowley; Jason Quan; Michael Dinola; Kelly Lewis Day, Real Parties in Interest.

Supreme Court of Arizona.

April 23, 2015.

Attorney(s) appearing for the Case

W. Clifford Girard, Jr. , Mark D. DuBiel , Lawrence Koplow , Joseph P. St. Louis (argued) , Phoenix, Attorneys for Doreen Lynn Herman, et al.

William G. Montgomery , Maricopa County Attorney, Lisa Marie Martin (argued) , Deputy County Attorney, Phoenix, Attorneys for State of Arizona.

Bruce Washburn , Scottsdale City Attorney, Ken Flint , Assistant City Prosecutor, Scottsdale, Attorneys for Amicus Curiae City of Scottsdale.

Alan B. Kelly , Scottsdale, Attorney for Amicus Curiae Scottsdale Lincoln Health Network.

Chief Justice BALES authored the opinion of the Court, in which Vice Chief Justice PELANDER, and Justices BERCH, BRUTINEL, and TIMMER joined.

¶ 1 Arizona Rule of Evidence 702 requires a trial court to act as a gatekeeper to ensure that only reliable expert witness testimony is admitted for the jury's consideration. This case concerns the trial court's role under Rule 702(d) when a party contends that an expert has not properly applied generally...

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