Lear v. Fields

OPINION

ESPINOSA, Judge.

¶ 1 In this special action, we are asked to decide whether AR.S. § 12-2203, which governs the admissibility of expert testimony, is constitutional. For the reasons stated below, we accept jurisdiction. But because the respondent judge correctly found the statute usurps the supreme court’s rule-making authority and violates the separation of powers doctrine, we deny relief.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 In the underlying criminal action, petitioner William Lear was charged with continuous sexual abuse of a child, in violation of AR.S. § 13-1417. The victim, Lear’s…