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CAMPBELL v. BARTON

No. 1 CA-SA 09-0151.

215 P.3d 388 (2009)

Nashawn L. CAMPBELL, Petitioner, v. The Honorable Janet BARTON, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Andrew P. Thomas, the Maricopa County Attorney, Real Party in Interest.

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

August 25, 2009.

Attorney(s) appearing for the Case

James J. Haas, Maricopa County Public Defender By James A. Wilson, Deputy Public Defender, Garrett W. Simpson, Deputy Public Defender, Phoenix, Attorneys for Petitioner.

Andrew P. Thomas, Maricopa County Attorney By Terri L. Clarke, Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest.

Terry Goddard, Arizona Attorney General By Rex Nowlan, Assistant Attorney General, Phoenix, Attorneys for Respondent Judge.

OPINION

DOWNIE, Judge.

¶ 1 In this special action proceeding, we hold that a criminal defendant who, under Arizona Rule of Criminal Procedure 10.2, files a notice of change of judge before the State elects to seek the death penalty may file a second notice of change of judge after the State announces its intention to seek the death penalty. Because the superior court ruled otherwise, we accept jurisdiction and grant relief.

Facts

...

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