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FAY v. FOX IN AND FOR COUNTY OF MARICOPA

No. CR-20-0306-PR.

494 P.3d 1105 (2021)

Beth FAY, Petitioner, v. The Honorable Dewain D. FOX, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, Respondent Judge, and STATE of Arizona; Jordan Michael Hanson, Real Parties in Interest.

Supreme Court of Arizona.

Filed September 20, 2021.

Attorney(s) appearing for the Case

Randall S. Udelman (argued), Arizona Crime Victim Rights Law Group, Scottsdale, Attorney for Beth Fay.

Treasure VanDreumel (argued), Law Office of Treasure VanDreumel, PLC, Phoenix; Lori L. Voepel , Jones, Skelton & Hochuli, PLC, Phoenix, Attorneys for Jordan Michael Hanson.

Allister Adel , Maricopa County Attorney, Phoenix, Attorneys for State of Arizona.

Colleen Clase , Arizona Voice for Crime Victims, Phoenix, Attorney for Amici Curiae Arizona Voice for Crime Victims, Inc. and National Crime Victim Law Institute.

David J. Euchner (argued), Pima County Public Defender's Office, Tucson; Madeline A. Mayer , Maricopa County Public Defender's Office, Phoenix, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

Mark Brnovich , Arizona Attorney General, Brunn (Beau) W. Roysden III , Solicitor General, Lacey Stover Gard , Deputy Solicitor General/Chief of Capital Litigation, Ginger Jarvis , Assistant Attorney General, Capital Litigation Section, Phoenix, Attorneys for Amicus Curiae Arizona Attorney General.

JUSTICE BOLICK authored the opinion of the Court, in which JUSTICES LOPEZ and BEENE and JUDGE BREARCLIFFE joined. VICE CHIEF JUSTICE TIMMER, joined by CHIEF JUSTICE BRUTINEL, dissented.

¶1 In this case, we hold that a crime victim has a constitutional and statutory right to be heard on the merits of a defendant's motion for a delayed appeal of a restitution order.

BACKGROUND

¶2 On September 5, 2015, defendant Jordan Michael Hanson allowed Carson Dumbrell to enter...

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