MORGAN v. DICKERSON

No. CV-21-0198-PR.

511 P.3d 202 (2022)

David M. MORGAN and Terri Jo Neff, Petitioners, v. Hon. Timothy DICKERSON and Hon. Laura Cardinal, Judges of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF COCHISE, Respondent Judges, and The State of Arizona, Real Party in Interest.

Supreme Court of Arizona.

Filed June 14, 2022.


Attorney(s) appearing for the Case

Evan Stele (argued), Sergey Harutyunyants, Rule 39(c) Certified Law Students, Jacob M. Karr , Gregg P. Leslie , Rule 39(c) Supervising Attorneys, First Amendment Clinic, Public Interest Law Firm, Sandra Day O'Connor College of Law, Phoenix, Attorneys for David Morgan.

Mark Brnovich , Arizona Attorney General, Marjorie S. Becklund (argued), Assistant Attorney General, Tucson, Attorneys for Respondent Judges Dickerson and Cardinal

Brian M. McIntyre , Cochise County Attorney, Michael A. Powell (argued), Deputy County Attorney, Bisbee, Attorneys for State of Arizona.

Roopali H. Desai , Andrew T. Fox , Coppersmith Brockelman PLC, Phoenix, Attorneys for Amicus Curiae The Reporters Committee for Freedom of the Press

Mark Brnovich , Arizona Attorney General, Jeffrey Sparks , Acting Chief Counsel, Capital Litigation Section, Ginger Jarvis , Assistant Attorney General, Phoenix, Attorneys for Amicus Curiae Arizona Attorney General.

VICE CHIEF JUSTICE TIMMER authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL and JUSTICES LOPEZ, BEENE, MONTGOMERY, and KING joined. JUSTICE BOLICK concurred.


¶1 The superior court in Cochise County uses "innominate juries" for all criminal jury trials. Under that procedure, prospective and impaneled jurors are referred to by numbers rather than by names throughout open-court proceedings, although the court and the parties know their identities. Consequently...

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