Todd v. Cox

HAIRE, Judge.

The only question presented on this appeal in a libel action is whether the affidavit testimony of defendant-appellee Stephen L. Cox was absolutely privileged as a statement made in the course of a judicial proceeding. The trial judge was of the opinion that it was, and therefore granted defendant Cox’s motion for summary judgment.

The appellant-plaintiff Richard Todd, was a prosecution witness in the casi of State v. Brazil, Maricopa County Superior Court No. CR-60857. Brazil’s attorneys believed that Brazil’s conviction was in part due to Todd’s testimony. Brazil’s attorneys…