CULLINAN v. AVALOS

Nos. 2 CA-CIV 1517, 2 CA-CIV 1518.

20 Ariz. App. 454 (1973)

513 P.2d 1337

Terry James CULLINAN, Petitioner, v. Hon. Manuel AVALOS, Justice of the Peace, Precinct Two, Pima County, Arizona; Hon. Robert B. Buchanan, Judge of the Superior Court, Pima County, Arizona; and William Coy Cox, Sheriff of Pima County, Arizona, Respondents; STATE of Arizona, Real Party in Interest. Gene McGEORGE, Petitioner, v. Hon. Manuel AVALOS, Justice of the Peace, Precinct Two, Pima County, Arizona; Hon. Robert B. Buchanan, Judge of the Superior Court, Pima County, Arizona; and William Coy Cox, Sheriff of Pima County, Arizona, Respondents; STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

September 20, 1973.


Attorney(s) appearing for the Case

Ed Bolding, Pima County Public Defender by Frederick S. Klein, Asst. Public Defender, Tucson, for petitioner Cullinan.

Schorr, Karp & Corey, by Gerard Anderson, Tucson, for petitioner McGeorge.

Dennis DeConcini, Pima County Atty., Tucson, by Richard B. Arrotta, University of Arizona School of Law, under Rule 28(e) and L. Terry Grimble, Tucson, for real party in interest, State of Arizona.


HOWARD, Judge.

On September 9, 1973, petitioners were brought before a magistrate for an initial appearance on a felony criminal complaint filed against them. They requested a preliminary hearing as soon as practicable pursuant to Rule 5.1, subd. d, Rules of Criminal Procedure, 17 A.R.S., effective September 1, 1973. The magistrate set the preliminary hearing for September 10, 1973 at 4:00 p.m. in Justice Court Precinct Two and required as a condition for release...

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