Fighting for Privacy & Protection
July 12, 2013
In Arizona, defendant was charged with a number of crimes. During pretrial proceedings, defendant’s counsel filed a motion seeking to compel discovery of the victim’s date of birth, arguing that it was Brady material (i.e., material that the prosecution must turn over to the defense) and that it was necessary in order for defense counsel to run a conflict check. The trial court denied the request and defendant sought appellate review. Fortunately, the prosecuting attorney was fighting for the victim and NCVLI’s partner clinic, Arizona Voice for Crime Victims, was ready to file an amicus curiae brief. NCVLI assisted, helping to argue that the victim’s constitutional rights to privacy, fairness, freedom from intimidation, harassment, or abuse, and the right to refuse defense discovery requests should prevent disclosure. The court accepted jurisdiction in the special action and denied the requested disclosure! A victory!