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STATE v. GATES

No. CR-17-0326-PR.

410 P.3d 433 (2018)

STATE of Arizona, Petitioner, v. The Honorable Pamela S. GATES, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Apolinar Altamirano, Real Party in Interest.

Supreme Court of Arizona.

Filed February 16, 2018.

Attorney(s) appearing for the Case

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

Maricopa County Public Defender's Office, Steve Warren McCarthy (argued), Joel Brown , Deputy Public Defenders, Phoenix, Attorneys for Real Party in Interest Apolinar Altamirano.

Amy P. Knight (argued), Kuykendall & Associates, Tucson; Jana L. Sutton , Osborn Maledon, P.A., Phoenix; and John R. Mills , Phillips Black Project, San Francisco, California, Attorneys for Amicus Curiae, Arizona Attorneys for Criminal Justice.

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

¶ 1 In this case, we address the procedure for evaluating a capital defendant's intellectual disability ("ID") status before trial. Arizona Revised Statutes § 13-753(B) states the trial court shall order a pretrial ID evaluation in every capital case unless...

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