SKAGGS v. FINK

No. 2 CA-SA 2023-0068.

GARY DWAYNE SKAGGS, Petitioner, v. HON. THOMAS FINK, VISITING JUDGE OF THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF PIMA, Respondent Judge, and STATE OF ARIZONA, Real Party in Interest.

Court of Appeals of Arizona, Division Two.

Filed November 22, 2023


Attorney(s) appearing for the Case

Arizona Capital Representation Project, Tucson, By Amy Armstrong and Ralph E. Ellinwood Attorney at Law PLLC, Tucson, By Ralph Ellinwood , Counsel for Petitioner.

Kent P. Volkmer , Pinal County Attorney, Florence, By Thomas C. McDermott , Deputy County Attorney, Counsel for Real Party in Interest.

Judge Sklar authored the opinion of the Court, in which Judge O'Neil and Judge Kelly concurred.


OPINION

¶1 Rule 12.9 of the Arizona Rules of Criminal Procedure imposes a deadline on motions to remand to a grand jury for a new finding of probable cause. That deadline generally expires long before trial. We address the deadline's applicability where a court has ordered a new trial following successful...

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