Johnson v. Hon. Washington/State

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NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 DIVISION ONE FILED: 11-30-2010 RUTH WILLINGHAM, ACTING CLERK BY: GH IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE CHRISTOPHER RYAN JOHNSON, ) ) Petitioner, ) ) v. ) ) THE HONORABLE EARTHA K. ) WASHINGTON, Judge of the ) SUPERIOR COURT OF THE STATE OF ) ARIZONA, in and for the County ) of MARICOPA, ) ) Respondent Judge, ) ) STATE OF ARIZONA by and through ) the Phoenix Prosecutor's Office, ) ) ) Real Party in Interest. ) __________________________________) This special action was No. 1 CA-SA 10-0232 DEPARTMENT D Maricopa County Superior Court No. LC2010-000310-001 DT DECISION ORDER considered by the court at conference on November 24, 2010, with Presiding Judge Lawrence F. Winthrop, and Judges Patricia K. Norris and Patrick Irvine participating. The court considered the Petition for Special Action, the Response to Petition for Special Action, and the Petitioner s Reply Memorandum. The Arizona Supreme Court has previously held that a misdemeanor assault charge designated a domestic violence offense is not entitled to a jury trial. State ex rel. McDougall v. Strohson (Cantrell), 190 Ariz. 120,945 P.2d 1251 (1997). trial under Although the law regarding the right to a jury the Arizona Constitution has evolved since that decision, see Derendal v. Griffith, 209 Ariz. 416, 104 P.3d 147 (2005) and Fushek v. State, 218 Ariz. 285, 183 P.3d 536 (2008), we cannot conclude that the Supreme Court s decision in Strohson is no longer applicable. Therefore, IT IS ORDERED that the court of appeals, in the exercise of its discretion, accepts jurisdiction in this special action, but denies relief. __/s/______________________________ PATRICK IRVINE, Judge 2

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