Legal Opinion

KPNX-TV Channel 12 v. Stephens

Court of Appeals of Arizona

Decided December 16, 2014No. 1 CA-SA 14-0213PublishedCited by 1 opinion

1Opinion of the Court

OPINION

PORTLEY, Judge.

¶ 1 Petitioners, who are members of the broadcast and print media, challenge a ruling closing the penalty phase of a capital murder trial to the press, as well as to the public. *369As a result, we must decide whether a “clear and present danger” exists under Arizona Rule of Criminal Procedure (“Rule”) 9.3 that justifies excluding the press and public during portions of the penalty phase of the trial. Because we find no clear and present danger, we accept special action jurisdiction ánd grant relief by vacating the ruling of October 30, 2014, closing the penalty phase of the…

2Cases cited20 opinions

  1. Waller v. GeorgiaSupreme Court of the United States · 1984
  2. Thomas v. CollinsSupreme Court of the United States · 1945
  3. Press-Enterprise Co. v. Superior Court of Cal., County of RiversideSupreme Court of the United States · 1986
  4. Bridges v. CaliforniaSupreme Court of the United States · 1941
  5. State v. AtwoodArizona Supreme Court · 1992

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3Cited by1 opinion

  1. Kennedy v. WybengaCourt of Appeals of Arizona · 2018

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