State v. Gilfillan
In State v. Gilfillan, 196 Ariz. 396, 401-02, 998 P.2d 1069, 1074-75 (App. 2000), the court ruled that because the procedural aspects of Arizona's Rape Shield Law, governing the admission and exclusion of evidence in sexual assault cases, mirrored the common law and were not inconsistent with other rules of evidence, the statute did not violate the separation of powers doctrine. 196 Ariz. at 404, PP 27-28, 998 P.2d at 1077.
The Court rejected the defendant's contention that "the legislature had invaded the province of the Arizona Supreme Court by enacting the Arizona Rape Shield Law A.R.S. 13-1421 and establishing 'clear and convincing' as the quantum of proof necessary for the admissibility of such evidence." 196 Ariz. 396, PP24-27, 998 P.2d at 1076.
The court held the statute was substantive, not procedural, because it involved establishing a burden of proof. Id. P27.