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STATE EX REL. MONTGOMERY v. WHITTEN

No. 1 CA-SA 11-0127.

262 P.3d 238 (2011)

STATE of Arizona ex rel. William G. MONTGOMERY, Maricopa County Attorney, Petitioner, v. The Honorable Christopher WHITTEN, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Ricky Brett Keahy Martinez and District Medical Group, Real Parties in Interest.

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

July 21, 2011.

Attorney(s) appearing for the Case

William G. Montgomery, Maricopa County Attorney By Adam Susser, Deputy County Attorney, Phoenix, Attorneys for Petitioner.

David G. Derickson, Phoenix, Attorney for Real Party in Interest Martinez.

Snell & Wilmer L.L.P. By Paul Giancola, Brett W. Johnson, Sara J. Agne, Phoenix, Attorneys for Real Party in Interest District Medical Group.

Arizona Prosecuting Attorney's Advisory Council By Elizabeth B. Ortiz, Faith Cheree Klepper, Phoenix, Attorneys for Amicus Curiae.

OPINION

DOWNIE, Judge.

¶ 1 Several physicians treated an infant who was admitted to the hospital with mortal injuries. When the State sought to call the physicians as witnesses at the criminal trial of the man accused of murdering the child, the doctors objected that they would be testifying as expert witnesses and demanded to be paid as experts. The superior court ordered the State to compensate several...

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