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STATE v. LABIANCA

No. 1 CA-SA 22-0157.

520 P.3d 1196 (2022)

STATE of Arizona, Petitioner, v. The Honorable Margaret B. LABIANCA, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, Respondent Judge, Roberto Pedro, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

Filed November 3, 2022.

Attorney(s) appearing for the Case

Maricopa County Attorney's Office, Phoenix, By Quinton S. Gregory , Counsel for Petitioner.

DuMond Law Firm PLLC, Phoenix, By Samantha DuMond , Counsel for Real Party in Interest.

Judge Paul J. McMurdie delivered the Court's opinion, in which Presiding Judge Brian Y. Furuya and Judge Jennifer B. Campbell joined.

OPINION

¶1 The State petitions for special action review of the superior court's order denying its request to have the State's expert examine the defendant before an Arizona Rule of Evidence ("Rule") 404(c) hearing. We accept jurisdiction and grant relief in part, holding that if the court allows a defendant's expert...

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