(ATTORNEY)

(BAR ID)

(ADDRESS)

(TELEPHONE)

Attorney for Crime Victim

Arizona Voice for Crime Victims

IN THE COURT OF APPEALS

STATE OF ARIZONA

DIVISION ONE

_________________

(VICTIM),                                                     )         No. 1 CA-SA_____ (CASE NUMBER)

                                                                       )         COUNTY SUPERIOR COURT

                                Petitioner,                        )         NO. CR _____________

                                                                       )        

                                                                       )        

(COURT OR AGENCY*)                             )        

                                                                       )        

vs.                                                                  )         PETITION FOR SPECIAL ACTION

                                Respondent Judge,          )        

                                                                       )

___________________,                                )        

                                                                       )

                                Real Party in Interest        )

                                                                       )

 

[*Use this field to identify court or agency denying rights and name of Judge or government agency denying rights. Delete this comment before final printing.]

Petitioner asks this Court to accept jurisdiction of this petition for special action and reverse the Respondent Judge’s ruling allowing Real Party in Interest to admit certain elements of the offense and to withhold that admission from the jury. Reasons supporting Petitioner’s request are set forth in the following memorandum.

 

Respectfully submitted this _______ day of ________________, _____.

 

                                                           By                                                                    

                                                           (ATTORNEY) (BAR ID)

                                                           Attorney for Crime Victim

                                                           Arizona Voice for Crime Victims


MEMORANDUM OF POINTS AND AUTHORITIES

 

I.          JURISDICTIONAL STATEMENT

This Court has jurisdiction over this matter under Article 6, §9 of the Arizona Constitution, A.R.S. §12-120.21.A.4, and the Rules of Procedure for Special Actions. A.R.S. §13-4437.A provides:

Ҥ13-4437. Standing to invoke rights; recovery of damages

A. The victim has standing to seek an order or to bring a special action mandating that the victim be afforded any right or to challenge an order denying any right guaranteed to victims under the Victims’ Bill of Rights, Article II, §2.1, Constitution of Arizona, any implementing legislation or court rules. In asserting any right, the victim has the right to be represented by personal counsel at the victim’s expense.”

This Court should accept jurisdiction because to do otherwise would render the Crime Victim’s rights in this case unenforceable, and the victim has no remedy by way of appeal.

The Respondent Judge granted the Crime Victim’s request for [type specifics here and note Exhibits attached, if any]. ]example of what this paragraph might say: The Respondent Judge granted the Crime Victim’s request for a stay of three weeks so that it could file a special action challenging the ruling. (Exhibit ___ at ___.) The Respondent Judge also stated that if the Crime Victim filed a special action within that three-week period, he would vacate the trial date until the appellate courts resolved the issue (Id. at _____.) Some of the following text is based upon this example.]

II.        STATEMENT OF THE ISSUE

Did the Respondent Judge abuse his discretion or act in an arbitrary and capricious manner by allowing the Real Party in Interest to admit certain elements of the offense and to withhold that admission from the jury?

III.       MATERIAL FACTS

[Discuss and make reference to Exhibits.]

IV.       ARGUMENTS

A.        This Court Should Accept Jurisdiction of this Petition

Special action review is appropriate in this case because the Crime Victim has no equally plain, speedy, and adequate remedy by appeal. See Rule 1(a), Rules of Procedure for Special Actions. The Respondent Judge’s ruling is not one from which the Crime Victim may appeal. See A.R.S. §13-4032. For these reasons, the Crime Victim asks this Court to accept jurisdiction of this petition for special action.

B.        The Respondent Judge’s Ruling is an Abuse of Discretion or is Arbitrary and capricious. [Insert argument.]

Petitioner submits that (COURT OR AGENCY) (ACTION BY RESPONDENT) abused his discretion or was arbitrary and capricious. Therefore, the Crime Victim asks this Court to accept jurisdiction of this petition for special action and vacate the Respondent Judge’s ruling. Furthermore, petitioner requests an order that (REQUESTED ORDER).

Respectfully submitted this _______ day of ________________, _____.

 

                                                           By                                                                    

                                                           (ATTORNEY) (BAR ID)

                                                           Attorney for Crime Victim

                                                           Arizona Voice for Crime Victims