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Det. Foley v. Klein

ARIZONA COURT OF APPEALS DIVISION ONE
May 6, 2014
No. 1 CA-SA 14-0059 (Ariz. Ct. App. May. 6, 2014)

Opinion

No. 1 CA-SA 14-0059

05-06-2014

IN RE: THE DETENTION OF RORY S. FOLEY, Petitioner, v. THE HONORABLE ANDREW KLEIN, Judge of the SUPERIOR COURT OF THE STATE OF ARIZONA, in and for the County of MARICOPA, Respondent Judge, STATE OF ARIZONA, Real Party in Interest.

Maricopa County Legal Advocate's Office, Phoenix By Sara Xochitl Orozco Counsel for Petitioner Maricopa County Attorney, Phoenix By Gerald R. Grant Counsel for Real Party in Interest


NOTICE: NOT FOR PUBLICATION.

UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE

LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED.


Appeal from the Superior Court in Maricopa County

No. MS2014-000003

The Honorable Gerald R. Grant, Judge


JURISDICTION ACCEPTED, RELIEF DENIED


COUNSEL

Maricopa County Legal Advocate's Office, Phoenix
By Sara Xochitl Orozco
Counsel for Petitioner

Maricopa County Attorney, Phoenix
By Gerald R. Grant
Counsel for Real Party in Interest

DECISION ORDER

Judge John C. Gemmill delivered the decision of the Court, in which Presiding Judge Samuel A. Thumma and Judge Randall M. Howe joined.

GEMMILL, Judge:

¶1 Petitioner Rory S. Foley seeks special action review of the superior court's order postponing his SVP (sexually violent person) trial from June 2014 to September 2014. After consideration of the applicable statutes, case law, and record including the petition for special action, response, reply, and appendices, this court concludes that special action jurisdiction is appropriately exercised in this matter and that the superior court did not abuse its discretion in the postponement ruling. Accordingly,

¶2 IT IS ORDERED accepting special action jurisdiction in this matter but denying relief. It is anticipated that the superior court will make every reasonable effort to accomplish the SVP trial in September 2014, without additional delay.


Summaries of

Det. Foley v. Klein

ARIZONA COURT OF APPEALS DIVISION ONE
May 6, 2014
No. 1 CA-SA 14-0059 (Ariz. Ct. App. May. 6, 2014)
Case details for

Det. Foley v. Klein

Case Details

Full title:IN RE: THE DETENTION OF RORY S. FOLEY, Petitioner, v. THE HONORABLE ANDREW…

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: May 6, 2014

Citations

No. 1 CA-SA 14-0059 (Ariz. Ct. App. May. 6, 2014)