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SANCHEZ v. AINLEY EX REL. COUNTY OF YAVAPAI

No. CV-13-0280-PR.

321 P.3d 415 (2014)

Juan Carlos Vicente SANCHEZ, Petitioner, v. The Honorable Tina R. AINLEY, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF YAVAPAI, Respondent Judge. State of Arizona, Real Party in Interest.

Supreme Court of Arizona.

March 20, 2014.

Attorney(s) appearing for the Case

Michael A. Shaw (argued), Shaw Law Firm PLLC, Cottonwood; and David P. Stoller, Prescott, for Juan Carlos Vicente Sanchez.

Sheila Sullivan Polk, Yavapai County Attorney, Steven A. Young (argued), Deputy County Attorney, Prescott, for State of Arizona.

Amy Armstrong, Director, Natman Schaye (argued), Arizona Capital Representation Project, Tucson, and David J. Euchner, Arizona Attorneys for Criminal Justice, Tucson, for Amici Curiae Arizona Capital Representation Project and Arizona Attorneys for Criminal Justice.

Justice TIMMER, opinion of the Court.

¶ 1 In Chronis v. Steinle, we held that "Arizona Rule of Criminal Procedure 13.5(c) permits a defendant in a capital murder case to request a determination of probable cause as to alleged aggravating circumstances." 220 Ariz. 559, 560 ¶ 1, 208 P.3d 210, 211 (2009). We now hold that the trial court must...

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