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ALLEN v. SANDERS

No. 1 CA-SA 16-0049.

372 P.3d 304 (2016)

Sammantha ALLEN, John Michael Allen, Petitioners, v. The Honorable Teresa A. SANDERS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

FILED May 26, 2016.

Attorney(s) appearing for the Case

Maricopa County Legal Defender's Office, Phoenix, By John Ronan Curry , Jeremy Bogart , Counsel for Petitioner Sammantha Allen.

Maricopa County Legal Advocate's Office, Phoenix, By Gary Beren , Robert E. Reinhardt , Counsel for Petitioner John Michael Allen.

Maricopa County Attorney's Office, Phoenix, By Karen Kemper , Counsel for Real Party in Interest.

Judge Randall M. Howe delivered the opinion of the Court, in which Judge Kenton D. Jones joined. Presiding Judge Kent E. Cattani dissented.

OPINION

¶ 1 In this petition for special action arising from a capital murder case, Sammantha and John Allen challenge the trial court's refusal to independently determine whether probable cause exists for child abuse offenses that the State has alleged are aggravating circumstances for sentencing purposes. We accept...

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