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eBook details

• Title: Mcdonald v. Campbell
• Author : Arizona Supreme Court
• Release Date : January 22, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Robert Lee petitioned this court to consider whether the states appeal from a municipal court order suspends the operation of a six-month savings statute allowing the refiling of criminal charges after the limitations period has expired. By earlier order, we accepted special action jurisdiction for several reasons: First, the petitioner is without an adequate remedy by appeal, see Ariz. R. P. Special Actions 1(a); Bechtel v. Rose in and for Maricopa County, 150 Ariz. 68, 71, 722 P.2d 236, 239 (1986), because the matter originated in Justice court and was appealed to the superior court. See State ex rel. McDougall v. Superior Court (Klemencic), 170 Ariz. 474, 475, 826 P.2d 337, 338 (App. 1991); see also Superior Ct. R. Crim. App. P. 13(b). In addition, the issue is one of statewide significance which can be decided on legal principles and statutory interpretation rather than factual resolutions. E.g., University of Arizona Health Sciences Center v. Superior Court, 136 Ariz. 579, 581, 667 P.2d 1294, 1296 (1983); Escalanti v. Superior Court, 165 Ariz. 385, 386, 799 P.2d 5, 6 (App. 1990); Winner Enterprises v. Superior Court, 159 Ariz. 106, 107-08, 765 P.2d 116, 117-18 (App. 1988). In the order accepting jurisdiction, we also denied the petitioner relief and stated that this opinion would follow.

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