DUI & Criminal Defense

2501 North 7th Street
Phoenix, AZ 85006

DUE PROCESS | Right to Present a Defense

Due Process Right

Both the federal and Arizona constitutions, a defendant has a due process right to present a defense, including a right to effective cross-examination of witnesses at trial. State ex rel. Romley v. Superior Court (Roper), 172 Ariz. 232, 236 (App. 1992) (citing Chambers v. Mississippi, 410 U.S. 284 (1973) (right to present defense).

Disclosure & The Right

Ariz. R. Crim. P. 15.1(g)(1): A court may order any person to make available to the defendant material or information the defendant requests if the court finds that the defendant has a substantial need for the material or information to prepare the defendant’s case and cannot obtain the substantial equivalent by other means without undue hardship. 

  • State v. Kellywood, 246 Ariz. 45, ¶¶ 7-8 (App. 2018) (in camera review required where defendant shows reasonable possibility that information sought, although constitutionally protected by Victim’s Bill of Rights, is needed for meaningful opportunity to present complete defense;  If a defendant establishes a “reasonable possibility” that a discovery request will yield admissible evidence necessary for a meaningful opportunity to present a complete defense, the defendant is entitled to, at minimum, in camera review of the requested material.