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MONTGOMERY v. SHELDON

Nos. CV-94-0008-PR, CV-94-0159-PR.

181 Ariz. 256 (1995)

889 P.2d 614

Jackie MONTGOMERY, Petitioner, v. Honorable Steven D. SHELDON, Judge, Maricopa County Superior Court, State of Arizona, Respondent Judge, STATE of Arizona, Real Party in Interest. Joe David CAMPBELL, Petitioner, v. Honorable Michael J. O'MELIA, Judge, Maricopa County Superior Court, State of Arizona, Respondent Judge, STATE of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

Opinion Supplemented April 4, 1995.

Attorney(s) appearing for the Case

Dean W. Trebesch, Maricopa County Public Defender by James H. Kemper, Phoenix, for petitioner Montgomery in No. CV-94-0008-PR.

Richard M. Romley, Maricopa County Atty. by Gerald R. Grant, Diane E.W. Gunnels, Phoenix, for real party in interest in No. CV-94-0008-PR.

Grant Woods, Atty. Gen. by Paul J. McMurdie, Randall H. Howe, Phoenix, for amicus curiae in No. CV-94-0008-PR.

Dean W. Trebesch, Maricopa County Public Defender by Lawrence S. Matthew, James H. Kemper, Phoenix, for petitioner Campbell in No. CV-94-0159-PR.

Richard M. Romley, Maricopa County Atty. by Arthur G. Hazelton, Diane E.W. Gunnels, Phoenix, for real party in interest in No. CV-94-0159-PR.

OPINION

FELDMAN, Chief Justice.

These cases are before us on petitions for review from conflicting opinions of the court of appeals. The state petitioned for review of a decision granting special action relief in Montgomery v. Superior Court, 178 Ariz. 84, 870 P.2d 1180 (App. 1993). A criminal defendant petitioned for review of a decision...

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