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STATE EX REL. THOMAS v. GORDON

No. 1 CA-SA 06-0116.

144 P.3d 513 (2006)

STATE of Arizona ex rel. Andrew P. THOMAS, Maricopa County Attorney, Petitioner, v. The Honorable Michael D. GORDON, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Joseph Paul DeLuca, Real Party in Interest.

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

October 3, 2006.

Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney, by James P. Beene, Deputy County Attorney, and Mark L. Barry, Deputy County Attorney, Phoenix, Attorneys for Petitioner.

Susan Sherwin, Maricopa County Legal Advocate, by Timothy J. Agan, Deputy Legal Advocate, and Thomas J. Dennis, Deputy Legal Advocate, Phoenix, Attorneys for Real Party in Interest.

OPINION

NORRIS, Judge.

¶ 1 This special action arises out of the superior court's refusal to honor a notice filed by Petitioner, the Maricopa County Attorney, requesting a peremptory change of judge in a criminal case after the case had been appealed and then remanded to the superior court for a new trial. Because the County Attorney had exercised its right to a peremptory change of judge before the appeal and remand, the superior court held the County...

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