DOMINGUEZ v. FOSTER

No. 1 CA-SA 17-0284.

413 P.3d 1249 (2018)

Edgar Alonso DOMINGUEZ, Petitioner, v. The Honorable George FOSTER, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona ex rel. William G. Montgomery, Maricopa County Attorney, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

Filed January 25, 2018.


Attorney(s) appearing for the Case

Maricopa County Public Defender's Office, Phoenix, By Angela L. Walker , Anna M. Unterberger , Counsel for Petitioner

Maricopa County Attorney's Office, Phoenix, By Ellen M. Dahl , Mitchell S. Eisenberg , Counsel for Real Party in Interest

Judge Diane M. Johnsen delivered the opinion of the Court, in which Presiding Judge Lawrence F. Winthrop and Judge Maria Elena Cruz joined.


OPINION

¶ 1 A grand jury indicted Edgar Alonzo Dominguez on a charge of first-degree murder. Dominguez asked the superior court to remand the charge for redetermination, arguing the prosecutor violated his due-process rights by failing to properly instruct the grand jury on premeditation. The superior court denied...

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