State ex rel. Montgomery v. Chavez (Gill)

Summary

The Arizona Supreme Court held that a prosecutor may not unilaterally redact victims’ birth dates from law enforcement reports subject to mandatory disclosure under Arizona Rule of Criminal Procedure 15.1. The court held that redaction may be authorized only by court order under Rule 15.5, vacated the court of appeals’ opinion, and remanded Robert Lee Gill’s case.

Holdings

1. A prosecutor may not unilaterally redact victims' birth dates from law-enforcement reports required to be disclosed under Rule 15.1.
2. A court may authorize redaction of victims' birth dates from Rule 15.1 disclosures when the prosecutor establishes under Rule 15.5(a) that the risk of harm from disclosure outweighs the usefulness of disclosure and cannot otherwise be eliminated.

Questions Presented

1. Whether a prosecutor may unilaterally redact victims' birth dates from law-enforcement reports that must be disclosed to the defense under Arizona Rule of Criminal Procedure 15.1.
2. Whether Arizona Rule of Criminal Procedure 39(b), the Arizona Constitution's Victims' Bill of Rights, or A.R.S. § 13-4434 independently authorizes unilateral redaction of victims' birth dates from mandatory criminal-discovery disclosures.
3. Whether a prosecutor must obtain a court order under Rule 15.5 before redacting otherwise discoverable victim information.

Disposition

reversed_and_remanded