PHOENIX CITY PROSECUTOR v. LOWERY

No. CV-18-0101-PR.

430 P.3d 884 (2018)

805 Ariz. Adv. Rep. 25

PHOENIX CITY PROSECUTOR, Petitioner/Appellant, v. The Honorable Laura LOWERY, Respondent Judge, Claudette Craig, Respondent/Real Party in Interest.

Supreme Court of Arizona.

Filed December 3, 2018.


Attorney(s) appearing for the Case

Amy B. Offenberg (argued), Assistant Phoenix City Prosecutor, Phoenix, Attorney for Phoenix City Prosecutor.

Tracey Westerhausen , Lawrence I. Kazan , Gregory M. Zamora (argued), Debus, Kazan & Westerhausen, Ltd., Phoenix, Attorneys for Claudette Craig.

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

Mikel Steinfeld (argued), Maricopa County Public Defender's Office, Phoenix, Attorney for Amicus Curiae Arizona Attorneys for Criminal Justice.

JUSTICE GOULD authored the opinion of the Court, in which CHIEF JUSTICE BALES and JUSTICES PELANDER, TIMMER, BOLICK, and LOPEZ and JUDGE EPPICH joined.


¶ 1 In this case, we address the crime exception to the anti-marital fact privilege. A.R.S. § 13-4062(1). We hold that when a defendant commits a crime against his or her spouse and is charged for that crime, the crime exception to the anti-marital fact privilege allows the witness-spouse to testify...

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