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TURBIN v. SUPERIOR COURT

No. 1 CA-SA 90-044.

165 Ariz. 195 (1990)

797 P.2d 734

Michael TURBIN, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF NAVAJO, The Honorable J.M. Abbey, a judge thereof, Respondent Judge, STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department A.

August 30, 1990.

Attorney(s) appearing for the Case

Thompson, Dalton & DeRose by Sanford J. Edelman, Lakeside, for petitioner.

Melvin R. Bowers, Jr., Navajo County Atty. by Joel H. Ruechel, Deputy County Atty., Holbrook, for real party in interest.

OPINION

CLABORNE, Judge.

This special action challenges the trial court's refusal to disqualify the Navajo County Attorney's Office from prosecuting petitioner Michael Turbin. We previously accepted jurisdiction and granted petitioner his requested relief, adding that our opinion would follow. The issue is whether a prosecutor's office must be disqualified from prosecuting an accused when the accused's counsel leaves the role of defense attorney to join the...

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