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WILSON v. HIGGINS IN AND FOR NAVAJO

No. CR-20-0254-PR.

491 P.3d 389 (2021)

Neko Anthony WILSON, Petitioner, v. Hon. Robert HIGGINS, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF NAVAJO, Respondent Judge, State of Arizona ex rel. Brad Carlyon, Navajo County Attorney, Real Party in Interest.

Supreme Court of Arizona.

July 23, 2021.

Attorney(s) appearing for the Case

Brad Carlyon , Navajo County Attorney, Michael R. Shumway (argued), Joel H. Ruechel , Deputy County Attorneys, Holbrook, Attorneys for State of Arizona.

Lee Phillips (argued), Law Office of Lee Phillips, P.C., Flagstaff, Attorney for Neko Anthony Wilson.

Rhonda Elaine Neff , Kimerer Law Group, P.C., Phoenix; and Lise R. Witt , LisaLaw, LLC, Mesa, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

Elizabeth Burton Ortiz , Executive Director, Arizona Prosecuting Attorneys' Advisory Council, Phoenix, Attorney for Amicus Curiae Arizona Prosecuting Attorneys' Advisory Council.

JUSTICE MONTGOMERY authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL and JUSTICES LOPEZ and BEENE joined. VICE CHIEF JUSTICE TIMMER, joined by JUSTICE BOLICK, issued a dissenting opinion.

¶1 Arizona Rule of Criminal Procedure 27.7(c) directs trial courts to "make a release determination" when a probationer is arrested on a warrant pursuant to a petition to revoke probation. In this case, we consider whether Arizona Rule of Criminal Procedure 7.2(c), which addresses a defendant's right...

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