State ex rel. Montgomery v. Duncan

OPINION

BARKER, Judge.

¶ 1 This is a special action in which the State sought relief from the trial court’s pretrial order permitting testimony at trial regarding Victim’s prior sexual conduct. Because this issue was not reviewable on appeal if there was an acquittal, we accepted jurisdiction. See State ex rel. Romley v. Dair-man, 208 Ariz. 484, 486, ¶ 2, 95 P.3d 548, 550 (App.2004) (“Pre-trial rights of victims ... will be lost if special action jurisdiction is not available.”). We subsequently issued our decision order granting relief. The State requested that the decision order be published…