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MEDDERS v. CONLOGUE

No. 2 CA-SA 2004-0017.

90 P.3d 1241 (2004)

208 Ariz. 75

Darren Clay MEDDERS, Petitioner, v. The Honorable James L. CONLOGUE, Judge Pro Tempore of the Superior Court of the State of Arizona, in and for the County of Cochise, Respondent, and The State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

As Corrected June 3, 2004.

Attorney(s) appearing for the Case

Mark A. Suagee, Cochise County Public Defender, By David W. Thorn and Kelly A.K. Smith, Bisbee, for Petitioner.

Chris M. Roll, Cochise County Attorney, By Jack M. Williams, Bisbee, for Real Party in Interest.

OPINION

ECKERSTROM, J.

¶ 1 Petitioner Darren Medders seeks special action relief from the respondent judge's order in the underlying criminal prosecution denying Medders's notice of peremptory change of the same judge on the ground that Medders had waived his right to do so by appearing earlier before that judge in a contested matter. As Medders has no equally plain, speedy, or adequate remedy by appeal of a denial of notice of change of judge...

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