FOLEY v. HON KLEIN/STATE

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NOTICE: NOT FOR PUBLICATION.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. IN THE ARIZONA COURT OF APPEALS DIVISION ONE 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. No. 1 CA-SA 14-0059 FILED 5-6-2014 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 FOLEY v. HON KLEIN/STATE Decision of the Court 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. G E M M I L L, 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. :MJT 2

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