1. Home
  2. Browse Decisions
  3. P.3d
  4. 67 P.3d
  5. 67 P.3d 700 (2003)
 

GODOY v. HANTMAN

No. CV-02-0390-PR.

67 P.3d 700 (2003)

205 Ariz. 104

Joseph R. GODOY, Petitioner, v. The Honorable Howard HANTMAN, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and State of Arizona, Real Party in Interest.

Supreme Court of Arizona.

April 25, 2003.

Attorney(s) appearing for the Case

Piccarreta & Davis, P.C. by Michael L. Piccarreta and Jefferson L. Keenan, Tucson, Attorneys for Joseph R. Godoy.

Janet Napolitano, Former Arizona Attorney General, Phoenix, Terry Goddard, Arizona Attorney General by William J. Ekstrom, Jr., Mohave County Attorney, Kingman and Matthew J. Smith, Deputy Mohave County Attorney/Special Assistant Attorney General, Kingman, Attorneys for the State of Arizona.

OPINION

McGREGOR, Vice Chief Justice.

¶ 1 This case presents the question whether each party receives a new opportunity to file a notice of a peremptory change of judge when the state refiles a criminal matter previously dismissed without prejudice. We conclude that a new indictment begins a separate matter and that the right to a peremptory change of judge applies as if no prior action had been filed.

I.

¶ 2 The State charged...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases