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SCOW to review whether “Marsy’s Law” allows alleged victims to intervene in Shiffra/Green litigation

State & T.A.J. v. Alan S. Johnson, 2019AP664-CR, petition for review of a published court of appeals decision granted 2/26/21; case activity (including briefs)

Issues presented (from Johnson’s PFR)

Does an alleged victim in a criminal case have standing under the 2020 crime victims’ rights constitutional amendment to submit legal arguments in opposition to the defendant’s motion for in camera review pursuant to the Shiffra/Green line of cases?

Did the 2020 constitutional amendment apply retroactively to a case that was commenced before the amendment was ratified?

For further discussion of the issues, see our post on the the court of appeals decision. As we noted there, this case involves an alleged victim’s intervention in Shiffra/Green litigation, but the court’s decision could have application beyond that kind of litigation, whether by implication or by explicit ruling. This is the opening salvo in Marsy’s Law litigation, but it won’t be the last.

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