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COLLINS v. SUPERIOR COURT

No. CV-88-0167-PR.

158 Ariz. 145 (1988)

761 P.2d 1049

Richard Kenneth COLLINS, Petitioner, v. SUPERIOR COURT OF the State of Arizona, In and For the COUNTY OF MARICOPA, Honorable Michael J. O'Melia, a judge thereof, Respondent Judge. STATE of Arizona ex rel. Thomas E. COLLINS, Maricopa County Attorney, Real Party in Interest.

Supreme Court of Arizona, In Banc.

September 15, 1988.

Attorney(s) appearing for the Case

Debus, Bradford and Kazan, Ltd. by Lawrence I. Kazan, Phoenix, for petitioner.

Thomas E. Collins, Maricopa County Atty. by H. Allen Gerhardt, Deputy Atty., Phoenix, for respondent judge.

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Asst. Atty. Gen., Phoenix, for real party in interest.

CAMERON, Justice.

I. JURISDICTION

Petitioner, Richard Kenneth Collins, seeks review of an order of the court of appeals denying Petitioner's petition for special action. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), Ariz.R.Civ. App.P. 23, 17B A.R.S., and Ariz.R.Sp. Act. 8(b), 17B A.R.S.

II. ISSUES PRESENTED

We consider only one question:

May blood be extracted from a motorist suspected of driving while under the...

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