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COSTA v. MACKEY

No. 1 CA-SA 11-0145.

261 P.3d 449 (2011)

Ricardo Acevedo Souza COSTA, Petitioner, v. The Honorable David L. MACKEY, Div. 1; and the Honorable Tina R. Ainley, Div. 3; Judges of the Superior Court of the State of Arizona, in and for the County of Yavapai, Respondent Judges, The State of Arizona, Real Party in Interest.

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

July 26, 2011.

Attorney(s) appearing for the Case

Aspey, Watkins & Diesel, P.L.L.C. By Bruce S. Griffen, Flagstaff, Attorneys for Petitioner.

Sheila Polk, Yavapai County Attorney By Steven A. Young, Prescott, Attorneys for Real Party in Interest.

OPINION

TIMMER, Judge.

¶ 1 Despite finding that petitioner Ricardo Acevedo Souza Costa was eligible for bail pending trial on charges of continuous sexual abuse of a child, the superior court set bail at $75 million cash only. In this special action, we are asked to decide whether this bail is unconstitutionally excessive and whether the court's imposition of such bail requires a change of judge for cause. For the reasons that follow, we accept jurisdiction...

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