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LEAR v. FIELDS

No. 2 CA-SA 2010-0074.

245 P.3d 911 (2011)

William Allen LEAR, Petitioner, v. Hon. Richard S. FIELDS, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and The State of Arizona, Real Party in Interest.

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

January 12, 2011.

Attorney(s) appearing for the Case

Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C. By James W. Stuehringer, Tucson, Attorneys for Petitioner.

Barbara LaWall, Pima County Attorney By Jacob R. Lines, Tucson, Attorneys for Real Party in Interest.

OPINION

ESPINOSA, Judge.

¶ 1 In this special action, we are asked to decide whether A.R.S. § 12-2203, which governs the admissibility of expert testimony, is constitutional. For the reasons stated below, we accept jurisdiction. But because the respondent judge correctly found the statute usurps the supreme court's rule-making authority and violates the separation of powers doctrine, we deny relief.

FACTS AND PROCEDURAL BACKGROUND...

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