Campbell v. Barton

OPINION

DOWNIE, Judge.

¶ 1 In this special action proceeding, we hold that a criminal defendant who, under Arizona Rule of Criminal Procedure 10.2, files a notice of change of judge before the State elects to seek the death penalty may file a second notice of change of judge after the State announces its intention to seek the death penalty. Because the superior court ruled otherwise, we accept jurisdiction and grant relief.

Facts

¶ 2 In June 2009, petitioner Nashawn Campbell was charged with first degree murder and child abuse. He was arraigned on June 22, 2009, at which time his case was…