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ARIZONA STATE HOSPITAL v. KLEIN

No. 1 CA-SA 12-0244.

296 P.3d 1003 (2013)

ARIZONA STATE HOSPITAL/ARIZONA COMMUNITY PROTECTION AND TREATMENT CENTER, Petitioner, v. The Honorable Andrew G. KLEIN, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Charles P., Real Party in Interest.

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

February 5, 2013.

Attorney(s) appearing for the Case

Thomas C. Horne, Arizona Attorney General By Greg D. Honig, Assistant Attorney General, Aubrey Joy Corcoran, Assistant Attorney General, Phoenix, Attorneys for Petitioner.

Maricopa County Office of the Legal Advocate By Mary Beth Mitchell, And Daniel R. Raynak, Phoenix, Attorneys for Real Party in Interest.

OPINION

JOHNSEN, Judge.

¶ 1 In this special action we hold that Arizona Rule of Evidence 702 applies to testimony by a mental-health expert at a trial on a petition for discharge filed by a person committed under the Arizona Sexually Violent Persons Act ("SVPA"), Arizona Revised Statutes ("A.R.S.") sections 36-3701 to -3717 (West 2013).1 Petitioner is the Arizona Community Protection and Treatment Center ("Center"), in which...

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