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MILKE v. MROZ

No. 1 CA-SA 14-0108.

339 P.3d 659 (2014)

Debra Jean MILKE, Petitioner, v. The Honorable Rosa MROZ, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge. State of Arizona ex rel. William G. Montgomery, Maricopa County Attorney, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

December 11, 2014.

Attorney(s) appearing for the Case

Jones, Skelton & Hochuli, P.L.C., Phoenix By Lori L. Voepel and Kimerer & Derrick, P.C., Phoenix By Michael D. Kimerer, for Petitioner.

Maricopa County Attorney, Phoenix By Vince H. Imbordino, Amanda M. Parker, Michael J. Mitchell, for Real Party in Interest.

Presiding Judge PATRICIA K. NORRIS, Judge JOHN C. GEMMILL, and Judge PETER B. SWANN delivered the opinion of the Court.

OPINION

¶ 1 Debra Jean Milke petitions this court for special action review of the superior court's denial of her motion to dismiss the capital charges against her. She alleges a retrial would violate the Double Jeopardy Clause of the Arizona Constitution because of the State's longstanding breaches...

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