State Ex Rel. Thomas v. Foreman

OPINION

PORTLEY, Judge.

¶ 1 The State challenges the trial court’s ruling declaring that Arizona Revised Statutes (“A.R.S.”) section 13-4426.01 1 is unconstitutional under the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution. Because we conclude that it is premature to determine whether the statute violates the constitutional rights of Kenneth Phillips (“Defendant”), we accept special action jurisdiction and grant relief.

PROCEDURAL BACKGROUND

¶ 2 Defendant was indicted for first-degree murder and sexual assault. The State filed notice that it will request the death…