State v. Hursey

OPINION

MOELLER, Vice Chief Justice.

FACTS

For more than a year and a half, the state and the defendant have agreed that the defendant is entitled to a new trial. Notwithstanding this agreement, both the trial court and the court of appeals have refused to order a new trial. We now grant the relief that both parties have requested throughout these proceedings.

Lawrence C. Hursey (defendant) was twice represented in earlier criminal cases by attorney Callahan, who later took a job as a Deputy Pinal County Attorney. When a new case against defendant arose, Callahan, as a prosecutor, accompanied the…