State v. Carlos

In State v. Carlos, 199 Ariz. 273, P 20, 17 P.3d 118, 124 (App. 2001) the underlying criminal charges had arisen from the alleged assault of one prison inmate by another. The defendant successfully argued on appeal that the trial court had abused its discretion in preventing him from calling the victim, F., to testify. In concluding the court had "denied Carlos his Sixth Amendment right to compulsory process by precluding him from calling F. as a witness," id. The Court observed: "Because F. was incarcerated at the time of the assault, he was not entitled to the protections of the Victims' Bill of Rights, and thus had no constitutional right to refuse an interview with Carlos under article II, 2.1 of the Arizona Constitution." Id. P 20.