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BLAKE v. SCHWARTZ

No. 1 CA-SA 01-0168.

42 P.3d 6 (2002)

202 Ariz. 120

Kelly Louise BLAKE, Petitioner, v. The Honorable Jonathan H. SCHWARTZ, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona; Arizona Psychiatric Security Review Board, Real Parties in Interest.

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

As Amended February 21, 2002.

Attorney(s) appearing for the Case

James J. Haas, Maricopa County Public Defender by Lawrence S. Matthew, Deputy Public Defender, Phoenix, Attorneys for Petitioner.

Richard M. Romley, Maricopa County Attorney by E. Catherine Leisch, Deputy County Attorney, Phoenix, Attorneys for Real Parties in Interest.

Janet Napolitano, Arizona Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Toni Valadez Kozub, Assistant Attorney General, Phoenix Attorneys for Real Parties in Interest.

OPINION

BARKER, Judge.

¶ 1 Kelly Louise Blake was found guilty except insane ("GEI") of murder, attempted murder, kidnapping, and arson of an occupied structure. The trial court committed Blake to the jurisdiction of the Psychiatric Security Review Board ("PSRB") pursuant to Arizona Revised Statutes ("A.R.S.") section 13-3994 (2001). Blake petitioned for review of the superior court's decision, arguing that A.R.S. § 13-3994(A), (F), and (G) are...

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