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REYES v. COHEN

No. 1 CA-SA 20-0109.

497 P.3d 486 (2021)

Ernesto Alon Hernandez REYES, Petitioner, v. The Honorable Suzanne E. COHEN, 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.

Court of Appeals of Arizona, Division 1.

As Amended August 25, 2021.

Attorney(s) appearing for the Case

Perkins Coie, LLP, Phoenix, By Jean-Jacques Cabou , Matthew R. Koerner , Law Office of Brian F. Russo, Phoenix, By Brian F. Russo Co-Counsel for Petitioner.

Maricopa County Attorney's Office, Phoenix, By Shaylee Beasley , Lisa Marie Martin , Amanda M. Parker , Counsel for Real Party in Interest.

Chief Judge Kent E. Cattani delivered the opinion of the Court, in which Presiding Judge Randall M. Howe and Judge Cynthia J. Bailey joined.

OPINION

¶1 Ernesto Alon Hernandez Reyes seeks special action review of the superior court's denial of his motion to remand to the grand jury for a redetermination of probable cause. Reyes argues that the superior court erred by failing to remand in light of the prosecutor's failure to instruct the grand jurors...

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