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IN RE BURCHETT

No. 2 CA-CIV 1614.

23 Ariz. App. 11 (1975)

530 P.2d 368

In the Matter of James BURCHETT, Prisoner-patient at the Arizona State Hospital. The STATE of Arizona ex rel. the DEPARTMENT OF CORRECTIONS and the Arizona State Hospital, Appellants and Cross-Appellees, v. James BURCHETT, Appellee and Cross-Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 13, 1975.

Review Denied March 25, 1975.

Attorney(s) appearing for the Case

Gary K. Nelson, Former Atty. Gen., N. Warner Lee, Former Atty. Gen., Bruce E. Babbitt, Atty. Gen. by Cleon M. Duke, Jr., Patrick M. Murphy, and Gerald Gaffaney, Asst. Attys. Gen., Phoenix, for appellants and cross-appellees.

Lewis & Roca by Paul G. Ulrich and Gordon Campbell, Phoenix, for Appellee and cross-appellant.

OPINION

HOWARD, Chief Judge.

On October 10, 1972 the Superintendent of the Arizona State Prison filed a petition with the Pinal County Superior Court requesting that an examination be made to determine the mental health status of James Burchett. On October 16, 1972, the court held a hearing pursuant to A.R.S. § 36-514, as amended laws 1958, to receive evidence regarding whether or not James L. Burchett was...

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