State Ex Rel. Thomas v. Klein

OPINION

WEISBERG, Judge.

¶ 1 Petitioner, the State of Arizona, filed a special action challenging the superior court’s order granting a motion by Timothy Allen Simpson (“Defendant”) to depose the victim. The State argues that the superior court’s order violated the victim’s rights under the Arizona Constitution. Ariz. Const, art 2, § 2.1(A)(5); Ariz.Rev.Stat. (“A.R.S.”) § 13-4433 (2001). We issued an order accepting jurisdiction and granting relief, because, as explained below, the superior court’s order was based on an unconstitutional statutory provision.

FACTS AND PROCEDURAL HISTORY

¶2 The…