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STATE EX REL. THOMAS v. DUNCAN

No. 1 CA-SA 09-0144.

216 P.3d 1194 (2009)

STATE of Arizona ex rel. Andrew P. THOMAS, Maricopa County Attorney, Petitioner, v. The Honorable Sally S. DUNCAN, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Joel Randu Escalante-Orozco, Real Party in Interest.

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

September 3, 2009.

Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney by Terri L. Clarke, Deputy County Attorney, Burt A. Jorgensen, Deputy County Attorney, Phoenix, Attorneys for Petitioner.

James J. Haas, Maricopa County Public Defender by Bobbi Falduto, Deputy Public Defender, Stephen Whelihan, Deputy Public Defender, Phoenix, Attorneys for Real Party in Interest.

OPINION

PORTLEY, Judge.

¶ 1 We are asked, in this special action, to determine whether the trial court abused its discretion by failing to order a prescreening psychological expert to independently determine the defendant's intelligence quotient ("IQ").1 We find that the court properly appointed an expert to conduct a prescreening examination, but erred when it limited that examination to a review of prior tests.

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