State v. Neil
In State v. Neil, 102 Ariz. 110, 425 P.2d 842 (1967), the defendant's criminal conviction was reversed and remanded for a new trial.
The case was scheduled to be retried by the same judge who had handled the trial.
The defendant argued he was entitled to a different trial judge as a matter of right.
The supreme court rejected this argument, reasoning that since the new trial was essentially a continuation of the prior trial, the defendant had waived his right to a change of judge without cause because the trial judge had presided over the original trial. Id. at 113-16, 425 P.2d at 845-48.
Consequently, the court held the defendant's request for a change of judge without cause was untimely, and that after appeal and remand, a change of judge could only be based on cause. Id. at 115-16, 425 P.2d at 847-48.