Morehart v. Barton

OPINION

BALES, Justice.

¶ 1 Arizona’s Constitution entitles victims “[t]o be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present.” Ariz. Const, art. 2, § 2.1(A)(3). The issue here is whether this provision entitles victims to attend an ex parte hearing on the return of summonses issued as part of defense counsel’s pretrial investigation of mitigation evidence in a capital case. Because the defendant has no right to attend such a purely procedural hearing, victims also have no right to attend.

I

¶ 2 William Craig Miller is…