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STATE v. ARELLANO

No. CV-05-0397-SA.

143 P.3d 1015 (2006)

STATE of Arizona, Petitioner, v. The Honorable Silvia R. ARELLANO, Judge of the Superior Court of Arizona, in and for the County of Pinal, Respondent, and Michael Apelt and Rudi Apelt, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

May 24, 2006.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Capital Litigation Section, Patricia A. Nigro, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Dana Carpenter, Phoenix, Attorney for Michael Apelt.

Jon M. Sands, Federal Public Defender by Michael L. Burke, Assistant Federal Public Defender, Phoenix, Attorneys for Rudi Apelt.

McDermott Will & Emery LLP by Douglas G. Edelschick, Washington, DC, and Snell & Wilmer LLP by Daniel J. McAuliffe, Kim S. Magyar, Phoenix, Attorneys for Amicus Curiae American Association on Mental Retardation; Amicus Curiae The ARC of the United States; and Amicus Curiae The ARC of Arizona.

OPINION

McGREGOR, Chief Justice.

¶ 1 The State brought this special action to resolve questions relating to the procedure and evidence involved in hearings held on mental retardation in capital cases pursuant to Arizona Revised Statutes (A.R.S.) section 13-703.02 (Supp.2005). We consider (1) whether a trial judge may determine that a defendant has established a rebuttable presumption of mental retardation by considering only expert reports of intelligence...

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