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ALLEN v. SANDERS

No. CR-16-0234-PR.

382 P.3d 784 (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.

Supreme Court of Arizona.

Filed November 7, 2016.

Attorney(s) appearing for the Case

Marty Lieberman , Legal Defender, Maricopa County Office of the Legal Defender, John Ronan Curry (argued), Jeremy Bogart , Deputy Legal Defenders, Phoenix, Attorneys for Sammantha Allen.

Bruce Peterson , Maricopa County Office of the Legal Advocate, Kerri L. Chamberlin (argued), Gary Beren , Robert E. Reinhardt , Deputy Legal Advocates, Phoenix, Attorneys for John Allen

William G. Montgomery , Maricopa County Attorney, Karen Kemper (argued), Deputy County Attorney, Phoenix, Attorneys for State of Arizona

Amy P. Knight , Kuykendall & Associates, Tucson, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice

CHIEF JUSTICE BALES authored the opinion of the Court, in which VICE CHIEF JUSTICE PELANDER and JUSTICES BRUTINEL and TIMMER joined. JUSTICE BOLICK concurred in the result.

¶1 After a defendant is indicted for first degree murder, if the state intends to seek the death penalty, it provides notice and alleges aggravating circumstances. The defendant may then request the trial court to determine if probable cause exists for the aggravators under the procedures outlined...

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