DRAPER v. GENTRY

No. CR-22-0175-PR.

532 P.3d 1153 (2023)

Lane DRAPER, Petitioner, v. The Honorable Jo Lynn GENTRY, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, et al. Real Parties in Interest.

Supreme Court of Arizona.

Filed July 31, 2023.


Attorney(s) appearing for the Case

Colleen Clase , Jessica Gattuso (argued), Arizona Voice for Crime Victims, Phoenix, Attorneys for Lane Draper

Daniel Fenzel (argued), Grace M. Guisewite , Jessica Valdivia-Luna , Deputy Legal Advocates, Office of the Legal Advocate, Phoenix, Attorneys for Jordon Lee Nez.

Randall S. Udelman , Arizona Crime Victim Rights Law Group, Scottsdale, Attorney for Amici Curiae National Crime Victim Law Institute and Arizona Crime Victim Rights Group.

Rachell Mitchell , Maricopa County Attorney, Daniel Strange , Deputy County Attorney, Phoenix, Attorneys for Amicus Curiae Maricopa County Attorney's Office

Jana L. Sutton , Bernardo M. Velasco (argued), Mesch Clark Rothschild , Tucson, Attorneys for Amicus Curiae Attorneys for Criminal Justice

The Court issued a per curiam decision joined by CHIEF JUSTICE BRUTINEL, and JUSTICES LOPEZ, BEENE, MONTGOMERY and KING. JUSTICE BOLICK, joined by VICE CHIEF JUSTICE TIMMER, authored a dissenting opinion.


¶1 In this case, we establish the standard a defendant must satisfy to compel extraction of GPS data by the defendant's third-party agent from a crime victim's automobile for in camera inspection by the trial court. In doing so, we seek to preserve the defendant's constitutional right to present a complete defense in light...

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