BERGER v. ROZAR

No. 12036.

112 Ariz. 62 (1975)

537 P.2d 932

Moise BERGER, Maricopa County Attorney, Petitioner, v. The Honorable Morris ROZAR, Judge of the Superior Court, Maricopa County, State of Arizona; Clarence Eugene JONES, Real Party in Interest, Respondents.

Supreme Court of Arizona, En Banc.

July 16, 1975.


Attorney(s) appearing for the Case

Moise Berger, Maricopa County Atty. by John C. Lincoln, Deputy County Atty., Phoenix, for petitioner.

Martin, Feldhacker, Friedl & Johnson, by Gregory H. Martin, Phoenix, for respondents.


HAYS, Justice.

The Maricopa County Attorney brought a petition for special action alleging that Superior Court Judge Rozar had abused his descretion in dismissing causes Nos. 80829 and 80135 with prejudice. This court accepted jurisdiction of the petition.

An examination of the record indicates that on March 26, 1974, the defendant filed a Motion for Mental Examination. On May 8, 1974, the reports on defendant's mental condition were submitted to the court...

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