Medders v. Conlogue

OPINION

ECKERSTROM, J.

¶ 1 Petitioner Darren Medders seeks special action relief from the respondent judge’s order in the underlying criminal prosecution denying Medders’s notice of peremptory change of the same judge on the ground that Medders had waived his right to do so by appearing earlier before that judge in a contested matter. As Medders has no equally plain, speedy, or adequate remedy by appeal of a denial of notice of change of judge, special action review is appropriate. See Ariz. R.P. Spec. Actions 1(a), 17B A.R.S.; Bergeron ex rel. Perez v. O’Neil, 205 Ariz. 640, ¶¶ 11-12, 74 P.3d…