[Download] "State V. Superior Court Of Arizona" by Arizona Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: State V. Superior Court Of Arizona
- Author : Arizona Supreme Court
- Release Date : January 15, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Normally the granting of a motion to suppress is an appealable order. A.R.S. § 13-1712. Where there is an adequate remedy by appeal we will not entertain a special action. In this case, however, the state allowed the case to proceed up to the "last day" for speedy trial purposes, and there had never been a hearing or ruling on the motion to suppress by the respondents real parties in interest. The case was called for trial, a jury selected and sworn; then the court excused the jury to hear the motion to suppress. By granting the motion to suppress the superior court has virtually ended the state's case, and a directed verdict would be inevitable. The procedure followed in this case is improper. The Rules of Criminal Procedure and the public policy announced by the Legislature compel the conclusion that motions to suppress are to be ruled on before trial.
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