STATE EX REL. MILSTEAD v. MELVIN

No. 16419.

140 Ariz. 402 (1984)

682 P.2d 407

STATE of Arizona ex rel. Ralph T. MILSTEAD, Director, Arizona Department of Public Safety, Petitioner-Appellant, v. The Honorable John W. MELVIN, Justice of the Peace, East Phoenix #2 Precinct Justice Court, Maricopa County, Arizona, Respondent-Appellee, and Leo Bice and Rick Sorrells, Real Parties in Interest-Appellees.

Supreme Court of Arizona, En Banc.

May 3, 1984.


Attorney(s) appearing for the Case

Lebowitz & Frondorf by Mack T. Jones, Phoenix, for petitioner-appellant.

Charles F. Hyder, Phoenix, for real parties in interest-appellees.


HOLOHAN, Chief Justice.

Appellant, the Director of the Arizona Department of Public Safety ("DPS"), challenged the jurisdiction of the respondent justice of the peace to determine a motion to controvert a search warrant issued in the investigation of a felony matter. In a special action proceeding the superior court upheld the power of justice courts to hear and decide such motions. Appellant sought appellate review by the Court of Appeals; the case was transferred...

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