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GILPIN v. HARRIS

No. CR-23-0252-PR.

553 P.3d 169 (2024)

Lisa GILPIN, Petitioner, v. Hon. Danielle HARRIS, Judge of the Superior Court of the State of Arizona, in and for the County of Pinal, Respondent Judge, Marcos Jerell Martinez, Real Party in Interest.

Supreme Court of Arizona.

Filed August 7, 2024.

Attorney(s) appearing for the Case

Colleen Clase (argued), Arizona Voice for Crime Victims, Phoenix, Attorney for Lisa Gilpin

Kate Milewski, Pinal County Public Defender, Kevin D. Heade (argued), Defender Attorney, Pinal County Public Defender's Office, Florence, Attorneys for Marcos Jerell Martinez.

Randall Udelman, Arizona Crime Victim Rights Law Group, Scottsdale, Attorneys for Amici Curiae National Crime Victim Law Institute, et al.

JUSTICE BEENE authored the Opinion of the Court, in which CHIEF JUSTICE TIMMER, VICE CHIEF JUSTICE LOPEZ and JUSTICES BRUTINEL, BOLICK, MONTGOMERY, and KING joined.

¶1 Legally insane individuals have been excused from criminal responsibility under Arizona law since at least 1901. Renée Melançon, Arizona's Insane Response to Insanity, 40 Ariz. L. Rev. 287, 294 (1998). But after a series of high-profile acquittals in the 1980s and 1990s, our legislature...

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