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STATE v. FINK IN AND FOR CTY. OF SANTA CRUZ

No. 2 CA-SA 2023-0071.

539 P.3d 543 (2023)

The STATE of Arizona, Petitioner, v. Hon. Thomas FINK, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF SANTA CRUZ, Respondent, and George Alan Kelly, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Filed November 7, 2023.

Attorney(s) appearing for the Case

George E. Silva , Santa Cruz County Attorney, By Kimberly J. Hunley , Chief Deputy County Attorney, Nogales, Counsel for Petitioner.

Brenna Larkin , Tumacacori, Counsel for Real Party in Interest.

Brian M. McIntyre , Cochise County Attorney, By Michael A. Powell , Deputy County Attorney, Bisbee, Counsel for Amicus Curiae.

Vice Chief Judge Staring authored the opinion of the Court, in which Judge Sklar and Judge O'Neil concurred.

OPINION

¶1 The state seeks special action review of the respondent judge's determination that the exception to the anti-marital fact privilege under A.R.S. § 13-4062(1)(a) ends upon a defendant's arrest. Under the respondent's interpretation, the privilege could be reasserted post-arrest, notwithstanding...

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