Earl v. Hon. garcia/state

¶ 23 I respectfully dissent. This case raises a legal question of statewide importance: Whether the state may dismiss and refile criminal charges as a means of avoiding the deadlines imposed by Ariz. R.Crim. P. 8. The special action, though filed against the respondent judge in the 2012 case, adequately raises the issue of the harm done by the Rule 8 violation in the 2011 ease, because that harm manifests itself in the 2012 ease.

JURISDICTION

¶ 24 In State v. Paris-Sheldon, 214 Ariz. 500, 154 P.3d 1046 (App.2007), the court considered a similar fact pattern with a very different procedural…