Fay v. Honorable Fox
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The Supreme Court held in this case that a crime victim has a constitutional and statutory right to be heard on the merits of a defendant's motion for a delayed appeal of a restitution order.
Defendant was convicted of second-degree murder. Beth Fay was a victim of Defendant's crime under Arizona law. Defendant and Fay entered into an agreement regarding restitution, and the trial court entered a restitution award according to the agreement. Eight months later, Defendant filed a limited petition for post-conviction relief to contest the award pursuant to Ariz. R. Crim. P. 32.1(f). Fay filed a response, arguing that Defendant was not entitled to a delayed appeal. The trial court struck Fay's response on the ground that Fay lacked standing to be heard on Defendant's limited petition. The court of appeals affirmed. The Supreme Court reversed, holding that Fay had a right to be heard on the question of whether Defendant was entitled to file a delayed appeal.
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