State Ex Rel. Pope. v. Superior Court

113 Ariz. 22, 545 P.2d 946 (1976)

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Nature of the Case

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Facts

The County Attorney brought this special action requesting that this Court reconsider existing law on the admissibility of evidence concerning the unchaste character of a complaining witness in a prosecution for first-degree rape under A.R.S. §§ 13-611, 13-612 and 13-614. The Honorable Leonard C. Langford denied petitioner's motion in limine to bar the admission of such evidence because of the binding nature of appellate decisions on the subject. The real party in interest, Joseph C. Grier (D), had been arraigned on one count of kidnapping, three counts of rape, two counts of sodomy and two counts of lewd and lascivious conduct. He opposes any action which would limit his ability to introduce evidence at his upcoming trial which would tend to show the unchaste character of the alleged victim.