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STATE EX REL. BERGER v. McCARTHY

No. 12531.

113 Ariz. 161 (1976)

548 P.2d 1158

STATE of Arizona ex rel. Moise BERGER, Maricopa County Attorney, Petitioner, v. The Honorable Warren L. McCARTHY, Judge of the Superior Court, Respondent, and Bruce W. JACKSON, Real Party in Interest, Respondent.

Supreme Court of Arizona, In Banc.

April 19, 1976.

Attorney(s) appearing for the Case

Moise Berger, Maricopa County Atty. by Daniel F. McIlroy, Deputy County Atty., Phoenix, for petitioner.

Maricopa County Legal Aid Society by Michael L. Piccarreta and Catherine M. Hughes, Glendale, for respondent Jackson.

HOLOHAN, Justice.

The state by special action challenges the decision of the Superior Court of Maricopa County, declaring A.R.S. § 36-1043 unconstitutional. This Court accepted jurisdiction to resolve this important issue.

The material facts necessary for a determination of this issue are not in dispute and are summarized as follows:

On August 20, 1975, a 1965 Buick automobile belonging to respondent was seized by officers of the Phoenix Police...

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