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STATE EX. REL CORBIN v. SUPERIOR COURT

No. CV-87-0378-SA.

155 Ariz. 560 (1987)

748 P.2d 1184

STATE of Arizona, ex rel., the Honorable Robert K. CORBIN, the Attorney General, Petitioner, v. SUPERIOR COURT OF the STATE OF ARIZONA, In and For the COUNTY OF MARICOPA, Hon. Michael O. Wilkinson, a Judge Thereof, and Sylvester Smith, Jr., Real Party in Interest, Respondents.

Supreme Court of Arizona.

December 10, 1987.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Barbara A. Jarrett, Asst. Atty. Gen., Phoenix, for petitioner.

Fennemore Craig by Phillip F. Fargotstein, Edward R. Glady, Jr., Christopher P. Staring, Phoenix, for respondent Smith.

FELDMAN, Vice Chief Justice.

In 1978, the real party in interest, Sylvester Smith, Jr., was tried for the murder of Timothy Hayes and was sentenced to death. The conviction and sentence were affirmed on appeal, State v. Smith, 125 Ariz. 412, 610 P.2d 46 (1980). In 1986, the sentencing judge, the Honorable James Moeller, Judge of the Maricopa County Superior Court, considered a petition for...

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