STATE v. NICHOLS

Nos. 2 CA-SA 2008-0011, 2 CA-SA 2008-0021.

195 P.3d 207 (2008)

The STATE of Arizona, Petitioner, v. Hon. Richard NICHOLS, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent and Scott Douglas Nordstrom, Real Party in Interest. Scott Douglas Nordstrom, Petitioner, v. Hon. Richard Nichols, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and The State of Arizona, Real Party in Interest.

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

Motion to Publish Opinion Filed September 12, 2008.


Attorney(s) appearing for the Case

Law Office of David Alan Darby, Esq. By David Alan Darby, and Law Office of Richard L. Parrish By Richard L. Parrish, Tucson, Attorneys for Scott Douglas Nordstrom.

Barbara LaWall, Pima County Attorney By Jacob R. Lines, Tucson, Attorneys for State of Arizona.


ESPINOSA, Judge.

¶ 1 The state of Arizona and Scott Nordstrom, the defendant in the underlying criminal action, filed cross petitions for special action relief challenging the respondent judge's determination of what evidence may be admitted during the aggravation phase of Nordstrom's sentencing. For the following reasons, we accept jurisdiction of the state's petition but deny relief. We decline jurisdiction of Nordstrom's petition.

Background

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