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STATE BERGER v. JUSTICE CT. OF N.E. PHOENIX, ETC.

No. 12073.

112 Ariz. 24 (1975)

536 P.2d 1042

The STATE of Arizona ex rel. Moise BERGER, Maricopa County Attorney, Petitioner, v. JUSTICE COURT OF NORTHEAST PHOENIX PRECINCT, COUNTY OF MARICOPA, State of Arizona, the Honorable Harold Lee, Justice of the Peace, and the Honorable C. Kimball Rose, Judge of the Superior Court, and Herbert MOGEL and Kathy E. DeVane, Real Parties in Interest, Respondents.

Supreme Court of Arizona, In Banc.

June 13, 1975.

Attorney(s) appearing for the Case

Moise Berger, Maricopa County Atty. by Michael Donovan, Deputy County Atty., Phoenix, for petitioner.

Flynn, Kimerer, Thinnes, Derrick & Lindholm by Thomas A. Thinnes, Phoenix, for respondent Mogel.

Joseph Erlichman, Phoenix, for respondent DeVane.

CAMERON, Chief Justice.

We accepted this petition for special action to consider the actions of the Judge of the Superior Court of Maricopa County, The Honorable C. Kimball Rose, in declining to restrain the Justice of the Peace of the Northeast Phoenix Justice Court, The Honorable Harold Lee, from proceeding in excess of his jurisdiction.

We have only one question to consider and that is: Does Rule 5.3(a) of the Rules of Criminal Procedure 1973, 17 A.R.S...

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