STATE v. COVIL IN AND FOR CTY. OF MARICOPA

Nos. 1 CA-SA 20-0162, 1 CA-SA 20-0163, 1 CA-SA 20-0173 (Consolidated).

497 P.3d 989 (2021)

STATE of Arizona EX REL. Allister ADEL, Maricopa County Attorney, Petitioner, v. The Honorable Max COVIL, Commissioner of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, Respondent Commissioner, Anthony Omar Santiago Morales, Real Party in Interest. Sean Wilder, Petitioner, v. The Honorable Joshua Yost, Commissioner of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Commissioner, State of Arizona ex rel. Allister Adel, Maricopa County Attorney, Real Party in Interest. Laurence Lee Lawrence, Petitioner, v. The Honorable Jay Adelman, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona ex rel. Allister Adel, Maricopa County Attorney, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

FILED August 5, 2021.


Attorney(s) appearing for the Case

Maricopa County Attorney's Office, Phoenix, By Amanda M. Parker , Counsel for State of Arizona.

Maricopa County Public Defender's Office, Phoenix, By Michelle L. Young , Counsel for Anthony Omar Santiago Morales.

Maricopa County Public Defender's Office, Phoenix, By John D. Gattermeyer , Ashley R. Oddo , Counsel for Sean Wilder.

Maricopa County Public Defender's Office, Phoenix, By Kacie T. Nickel , Jamie A. Jackson , Counsel for Laurence Lawrence.

Judge Peter B. Swann delivered the opinion of the court, in which Presiding Judge Jennifer B. Campbell and Judge Lawrence F. Winthrop joined.


OPINION

¶1 These consolidated special actions present the question whether the superior court may continue in-custody defendants' preliminary hearings upon finding "that extraordinary circumstances exist and that delay is indispensable to the interests of justice" under Ariz. R. Crim. P. ("Rule") 5.1(c)(2). By order...

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