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R.S. v. THOMPSON IN AND FOR MARICOPA

No. CR-19-0395-PR.

485 P.3d 1068 (2021)

Crime Victims R.S. and S.E., Petitioners, v. Hon. Peter A. THOMPSON, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, Respondent Judge, Teddy Carl Vanders, Real Party in Interest.

Supreme Court of Arizona.

Filed April 29, 2021.

Attorney(s) appearing for the Case

Jamie Balson (argued), Legal Services for Crime Victims in Arizona, Sun City, Attorney for R. S. and S. E.

Rosemarie Pena-Lynch , Legal Advocate, Grace M. Guisewite (argued), Elyse Fune , Deputy Legal Advocates, Maricopa County Office of the Legal Advocate, Phoenix, Attorneys for Teddy Carl Vanders.

Brian Thredgold (argued), Arizona Attorneys for Criminal Justice, Phoenix, Attorney for Amicus Curiae Arizona Attorneys for Criminal Justice.

Colleen Clase , Robert Swinford , Arizona Voice for Crime Victims & National Crime Victim Law Institute, Phoenix, Attorneys for Amicus Curiae Arizona Voice for Crime Victims & National Crime Victim Law Institute.

Allister Adel , Maricopa County Attorney, Robert E. Prather , Deputy County Attorney, Phoenix, Attorneys for Amicus Curiae The Maricopa County Attorney.

Mark Brnovich , Arizona Attorney General, Linley Wilson , Chief Counsel, Jillian B. Francis , Assistant Attorney General, Phoenix, Attorneys for Amicus Curiae Arizona Attorney General.

David J. Euchner , Lauren K. Beall , Tucson, Attorneys for Amicus Curiae Pima County Public Defender's Office.

JUSTICE LOPEZ authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK, BEENE, and PELANDER (RETIRED) joined.

¶ 1 We hold that when a criminal defendant's due process right to present a complete defense conflicts with a victim's state constitutional or statutory rights governing privileged mental health records, the victim may be compelled to produce such documents for in-camera review if the defendant shows a reasonable...

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