Allen v. Sanders ex rel. County of Maricopa

OPINION

HOWE, Judge:

¶ 1 In this petition for special action arising from a capital murder case, Sammantha and John Allen challenge the trial court’s refusal to independently determine whether probable cause exists for child abuse offenses that the State has alleged are aggravating circumstances for sentencing purposes. We accept jurisdiction because the Allens have no adequate remedy by appeal, Ariz. R. P. Spec. Act. 1(a), and the issue is a purely legal question of first impression and statewide importance, Azore, LLC v. Bassett, 236 Ariz. 424, 426 ¶ 2, 341 P.3d 466, 468 (App. 2014).

¶ 2 The…