State Ex Rel. Thomas v. Gordon

OPINION

NORRIS, Judge.

¶ 1 This special action arises out of the superior court’s refusal to honor a notice filed by Petitioner, the Maricopa County Attorney, requesting a peremptory change of judge in a criminal case after the ease had been appealed and then remanded to the superior court for a new trial. Because the County Attorney had exercised its right to a peremptory change of judge before the appeal and remand, the superior court held the County Attorney was not entitled to a change of judge as a matter of right under Arizona Rule of Criminal Procedure 10.4(b). That rule states, in part,…