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MOREHART v. BARTON

No. CV-10-0327-PR.

250 P.3d 1139 (2011)

Patricia MOREHART and Colleen Duffy, Petitioners, v. The Honorable Janet E. BARTON, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, The State of Arizona and William Craig Miller, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

April 29, 2011.

Attorney(s) appearing for the Case

Crime Victims Legal Assistance Project by Douglas L. Irish, Keli B. Luther, Tempe, Attorneys for Patricia Morehart and Colleen Duffy.

Carmen L. Fischer Attorney at Law by Carmen L. Fischer, Phoenix and Kessler Law Offices by Eric W. Kessler, Sandra Hamilton, Mesa, Attorneys for William Craig Miller.

William G. Montgomery, Maricopa County Attorney, by Lisa Marie Martin, Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest State of Arizona.

Arizona Capital Representation Project, by Natman Schaye, Tucson, Attorney for Amici Curiae National Association of Criminal Defense Lawyers, Southern Center for Human Rights, Oregon Capital Resource Counsel, South Carolina Capital Trial Division, Missouri Association of Criminal Defense Lawyers, New Mexico Criminal Defense Lawyers, Texas Defender Services, Arizona Attorneys for Criminal Justice, and Arizona Capital Representation Project.

Stevens & Van Cott, PLLC by Charles Van Cott, Scottsdale, Attorneys for Amicus Curiae National Crime Victim Law Institute.

OPINION

BALES, Justice.

¶ 1 Arizona's Constitution entitles victims "[t]o be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present." Ariz. Const. art. 2, § 2.1(A)(3). The issue here is whether this provision entitles victims to attend an ex parte hearing on the return of summonses issued as part of defense counsel's pretrial investigation of mitigation evidence in a capital case...

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