Phoenix City Prosecutor, Petitioner/appellant v. the Honorable Laura Lowery, Respondent Judge, Claudette Craig…

Summary

The court held that the crime exception to Arizona's anti-marital fact privilege permits a spouse to testify about all charges arising from the same unitary event when one charge alleges a crime committed against the spouse. Because the defendant's criminal-damage and DUI charges arose from the same intoxication-related incident, the spouse could testify about each charge, eliminating the basis for severance. The court reversed the municipal court, vacated the superior court and court of appeals decisions, and remanded for further proceedings.