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STATE EX REL. DEPT. OF CORRECTIONS v. KIGER

No. 1 CA-SA 09-0067.

229 P.3d 264 (2010)

STATE of Arizona ex rel. ARIZONA DEPARTMENT OF CORRECTIONS, Petitioner, v. The Honorable William T. KIGER, Judge of the Superior Court of the State of Arizona, in and for the County of Yavapai, Respondent Judge, Homer Ray Roseberry; Yavapai County; and Steve Waugh, Yavapai County Sheriff, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department A.

April 29, 2010.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Paul E. Carter, Assistant Attorney General, Tucson, Attorneys for Petitioner.

Sheila Sullivan Polk, Yavapai County Attorney By Bill R. Hughes, Deputy County Attorney, Prescott, Attorneys for Real Parties in Interest.

OPINION

HALL, Judge.

¶ 1 This case presents the issue whether a superior court abused its discretion by ordering that the Arizona Department of Corrections (ADOC) transport Homer Roseberry, a death-row prison inmate housed at the Arizona State Prison Complex in Florence, to a medical facility in Tucson for testing in connection with his pending post-conviction relief petition. ADOC contends that Arizona Revised Statutes (A.R.S.) section 31-225 (2002...

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