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LOPEZ v. KEARNEY EX REL. COUNTY OF PIMA

No. 2 CA-SA 2009-0024.

213 P.3d 282 (2009)

Gerardo LOPEZ, Petitioner, v. Hon. Jan KEARNEY, Presiding Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF PIMA; and Hon. Howard Hantman, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondents, and State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department A.

June 30, 2009.

Attorney(s) appearing for the Case

Robert J. Hirsh, Pima County Public Defender By Brian X. Metcalf and Wesley Jamiel Allen, Tucson, Attorneys for Petitioner.

Barbara LaWall, Pima County Attorney By Jacob R. Lines, Tucson, Attorneys for Real Party in Interest.

OPINION

ESPINOSA, Judge.

¶ 1 In this special action, petitioner Gerardo Lopez, a criminal defendant charged with first-degree murder, seeks relief from the order of respondent Judge Howard Hantman denying Lopez's motion for an automatic change of judge pursuant to Rule 17.4(g), Ariz. R.Crim. P., and, alternatively, from respondent Judge Jan Kearney's denial of his motion to disqualify respondent Judge...

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