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STATE v. CARVER

No. 1 CA-CR 10-0594.

258 P.3d 256 (2011)

STATE of Arizona, Appellant, v. Larry Lloyd CARVER, Appellee.

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

June 28, 2011.

Attorney(s) appearing for the Case

William G. Montgomery, Maricopa County Attorney By Jeffrey Trudigan, Deputy County Attorney, Phoenix, Attorneys for Appellant.

Droban & Company, P.C. By Kerrie M. Droban, Anthem, Attorneys for Appellee.

OPINION

KESSLER, Judge.

¶ 1 The State of Arizona appeals the trial court's ruling that a 2009 amendment to Arizona Revised Statutes ("A.R.S.") section 13-4062(1) (2010) (the marital communications privilege) cannot be applied to compel a witness to testify about communications made during marriage and before the amendment's effective date. The court based its holding on the conclusion that the amendment is substantive and the legislature did not expressly...

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