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SEGURA v. CUNANAN

Nos. 1 CA-SA 07-0179, 1 CA-SA 07-0181.

196 P.3d 831 (2008)

Jose SEGURA and Francisco Medrano Tovar, Petitioners, v. The Honorable David O. CUNANAN, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, The State of Arizona ex rel. Andrew Thomas, the Maricopa County Attorney, Real Party in Interest.

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

April 24, 2008.

Attorney(s) appearing for the Case

Maricopa County Public Defender, Mikel Steinfeld, Deputy Public Defender, Phoenix, Attorneys for Petitioner Tovar.

Maricopa County Public Defender, Daniel B. Mestaz, Deputy Public Defender, Phoenix, Attorneys for Petitioner Segura.

Andrew P. Thomas, Maricopa County Attorney, David E. Wood, Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest.

IRVINE, Presiding Judge.

¶ 1 Francisco Medrano Tovar and Jose Segura separately petition this court to accept jurisdiction of their special actions and to grant the relief requested. Each claims that he was deprived of his liberty without due process because he was held in custody without the benefit of an evidentiary hearing at which he could fully litigate whether the Arizona Constitution's no-bail provision applies to him. We accepted jurisdiction and granted...

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