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CHURCH OF JESUS CHRIST v. SUPERIOR COURT

No. 1 CA-SA 267.

159 Ariz. 24 (1988)

764 P.2d 759

The CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Cheryl K. Hendrix, a Judge thereof, Respondent Judge, Cynthia BROWN, as Guardian for Adriene Leigh Brown; Willa Ray; Kenneth Ray, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department B.

Review Denied December 20, 1988.

Attorney(s) appearing for the Case

Vermeire & Turley, P.C. by Kent E. Turley, Phoenix, for defendant/petitioner.

Steven M. Friedman, P.C. by Steven M. Friedman, Phoenix, for plaintiff/respondent.

Lewis & Roca by Douglas L. Irish, and Janet Napolitano, Phoenix, for amicus curiae, Diocese of Arizona (The Episcopal Church).

Guy M. Buckley, Mesa, for real party in interest Willa Ray.

OPINION

FIDEL, Judge.

In this special action, The Church of Jesus Christ of Latter-Day Saints invokes the clergyman/penitent privilege on behalf of three of its officers, asserting that, as lay priests of the church, they are privileged to resist certain discovery orders of the superior court. The Church also asserts that defendant Kenneth Ray, a former member now excommunicated, is privileged as a penitent to resist the court's discovery orders.

Underlying...

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