The court of appeals reversed a district court judgment and remanded the action for further proceedings. The court held that a capital defendant was denied his right to due process where an Arizona trial judge became involved as a party in an interlocutory appeal, was denied standing to appear as an adversary, and then proceeded to preside over a murder trial and single-handedly determine the defendant’s death sentence.
Richard Hurles was charged with first degree premeditated murder, first degree felony murder, burglary, and attempted sexual assault. Because he was indigent, the court appointed an attorney to represent him. When the prosecution decided to seek the death penalty, Hurles’s attorney made an ex parte request to Judge Hilliard, the trial judge, for the appointment of co-counsel. Although there was a local, standard practice of designating at least two attorneys for capital cases, the Arizona trial court judge denied the request without explanation.
