[Download] "State v. Leslie" by Arizona Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Leslie
- Author : Arizona Supreme Court
- Release Date : January 05, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
The original trial judge asked defense counsel if he would waive his Valencia objection to the original judge continuing on the case. When the defense refused to do so, the trial judge ruled that he was disqualified from any further proceedings. His ruling to that effect is reflected in a minute entry order of October 19, 1981. At the beginning of the in camera hearing on October 19, Leslies counsel advised the court and the prosecutor that his clients position was that if the trial judge were disqualified under State v. Valencia, supra, then a new trial would be mandated by this courts decision in State v. McDaniel, 127 Ariz. 13, 617 P.2d 1129 (1980), and the plain wording of A.R.S. § 13-703(B). That case holds that a new trial is required when a trial judge in a first degree murder case is disqualified before the sentencing proceedings are complete.