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STATE v. NICHOLS

No. 2 CA-SA 2010-0021.

233 P.3d 1148 (2010)

The STATE of Arizona, Petitioner, v. Hon. Richard D. NICHOLS, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Robert Arthur Ergonis, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

June 14, 2010.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General By Kimberly H. Ortiz, Tucson, Attorneys for Petitioner.

Payson & Gattone By Paul Gattone, Tucson, Attorneys for Real Party in Interest.

OPINION

BRAMMER, Judge.

¶ 1 In this special action, the State of Arizona seeks relief from the respondent judge's order compelling a crime victim, J.C., to submit to a pretrial interview by defense counsel. At issue is an ambiguity in the definition of a "victim" in Arizona's Victims' Bill of Rights ("VBR"), article II, § 2.1 of the Arizona Constitution.1 The question we must answer is whether, by excluding from...

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