STATE EX REL. MONTGOMERY v. ROGERS

No. 1 CA-SA 15-0058.

352 P.3d 451 (2015)

STATE of Arizona ex rel. William G. MONTGOMERY, Maricopa County Attorney, Petitioner, v. The Honorable Philip ROGERS, Pro Tem Justice of the Peace of the South Mountain Justice Court, in and for the County of Maricopa, Respondent Justice of the Peace Pro Tem, The Honorable John R. Ditsworth, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Joseph Calvin Morgan, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

June 16, 2015.


Attorney(s) appearing for the Case

Maricopa County Attorney's Office By Lisa Marie Martin , Phoenix, for Petitioner.

Nesci & St. Louis, P.L.L.C. By Joseph P. St. Louis , Counsel, Tucson, for Real Party in Interest.

Presiding Judge JOHN C. GEMMILL delivered the opinion of the Court, in which Judge KENTON D. JONES and Judge DONN KESSLER joined.


¶ 1 The State of Arizona filed a Petition for Special Action objecting to a jury instruction proposed by the Real Party in Interest Joseph Morgan and adopted in the underlying case by the South Mountain Justice Court. For the following reasons, we accept jurisdiction and grant relief.

BACKGROUND

¶ 2 On...

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