State Ex Rel. Romley v. Superior Court

OPINION

JACOBSON, Presiding Judge.

The state petitions for special action review of Judge O’Toole’s order denying the state’s motion to conduct defendant’s criminal trial in absentia, contrary to a prior ruling by Judge Galati granting the state’s motion to try defendant in absentia pursuant to Rule 9.1, Arizona Rules of Criminal Procedure. The issues presented are (1) whether Judge O’Toole abused his discretion in reconsidering and vacating Judge Galati’s prior ruling that defendant could be tried in absentia after his escape from pretrial incarceration, and (2) whether Judge O’Toole correctly…