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STATE v. BUTLER IN AND FOR COUNTY OF PIMA

No. 2 CA-SA 2021-0043.

502 P.3d 997 (2021)

The STATE of Arizona, Petitioner, v. Hon. Michael BUTLER, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF PIMA, Respondent, and Valentin Valenzuela, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Filed December 30, 2021.

Attorney(s) appearing for the Case

Laura Conover , Pima County Attorney, By Tai Summers and Myles A. Braccio , Deputy County Attorneys, Tucson, Counsel for Petitioner.

Kevin Burke , Pima County Legal Advocate, By John Repovsch and Walter L. Palser , Assistant Legal Advocates, Tucson, Counsel for Real Party in Interest.

Presiding Judge Espinosa authored the opinion of the Court, in which Vice Chief Judge Staring and Judge Eckerstrom concurred.

OPINION

¶1 This special action presents a novel question in Arizona law—whether Arizona's Victims' Bill of Rights (VBR) provision allowing a victim to refuse an interview by the defendant applies to a victim-witness called to testify in a case involving a different victim and the prosecution of the...

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