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STEWART v. SUPERIOR COURT

No. 1 CA-SA 88-222.

163 Ariz. 227 (1989)

787 P.2d 126

Paul Verd STEWART and Candy Grubbs-Stewart, Petitioners, v. The SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable I. Sylvan Brown, a judge thereof, Respondent Judge, The STATE of Arizona, Real Party in Interest.

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

July 3, 1989.

Attorney(s) appearing for the Case

Friedl & Richter by William J. Friedl and William Moore, Phoenix, for petitioner Stewart.

Debus, Bradford and Kazan, Ltd. by Larry Kazan, Phoenix, for petitioner Grubbs-Stewart.

Richard M. Romley, Maricopa County Atty. by H. Allen Gerhardt, Deputy County Atty., Phoenix, for respondent.

OPINION

FIDEL, Presiding Judge.

The state sought pre-trial interviews with defendants' minor children, hoping to discover evidence useful to the prosecution of its case. The defendants consented on behalf of their children, but insisted that defense counsel be present and that the interviews be recorded. The state, dissatisfied with these conditions, petitioned the court to appoint a guardian ad litem for the children, and the court agreed.

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