State Ex Rel. Romley v. Fields

OPINION

HALL, Judge.

¶ 1 The state seeks special action relief from the trial court’s decision to conduct a Frye 1 hearing to determine the admissibility of actuarial data relied upon by experts in rendering opinions on recidivism in Sexually Violent Persons Act (“SVPA”) commitment proceedings. See Ariz.Rev.Stat. (“A.R.S.”) §§ 36-3701 to -3717 (Supp.2000). We conclude that the admissibility of the actuarial data and the expert opinion relying on such data is controlled by the Arizona Rules of Evidence and not Frye. We previously issued an order vacating the decision of the trial court granting…