(Download) "Maule v. Arizona Superior Court" by Arizona Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Maule v. Arizona Superior Court
- Author : Arizona Court of Appeals
- Release Date : January 11, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This petition for special action raises the issue of whether the time limit of rule 12.9, Arizona Rules of Criminal Procedure, is jurisdictional. By order of this court dated August 15, 1984 this court accepted jurisdiction of the special action and granted relief to the extent of ruling that the trial court had jurisdiction to grant the petitioners timely filed motion for extension of time to file a motion for new finding of probable cause pursuant to rule 12.9. This court further ordered that the respondent trial judge exercise his discretion as to whether to grant or deny petitioners motion for extension of time and, if granted, to rule on the merits of the rule 12.9 motion. Petitioner has no equally plain, speedy and adequate remedy by appeal from the trial courts denial of his motion to remand for new finding of probable cause because such an order must be raised by special action or not at all. See State v. Neese, 126 Ariz. 499, 616 P.2d 959 (App.1980).