Legal Opinion

STATE EX REL. MONTGOMERY v. Whitten

Court of Appeals of Arizona

Decided July 21, 2011No. 1 CA-SA 11-0127PublishedCited by 4 opinions

1Opinion of the Court

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 of the physicians as expert witnesses. For the following reasons, we accept jurisdiction of the State’s special action petition and grant relief.

FACTS AND PROCEDURAL HISTORY

¶ 2 Seven-week-old…

2Cases cited16 opinions

  1. Blair v. United StatesSupreme Court of the United States · 1919
  2. Davoll v. WebbCourt of Appeals for the Tenth Circuit · 1999
  3. State v. RoqueArizona Supreme Court · 2006
  4. State v. BolingCourt of Criminal Appeals of Tennessee · 1992
  5. Wreath v. United StatesDistrict Court, D. Kansas · 1995

11 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Sanchez v. GamaCourt of Appeals of Arizona · 2013
  2. Tri City National Bank v. BarthCourt of Appeals of Arizona · 2015
  3. Empyreal Transportation LLC, et al. v. Volvo Group North America LLCDistrict Court, D. Arizona · 2025
  4. Santos v. TrolleyCourt of Appeals of Arizona · 2019

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API