State v. Merolle
Court of Appeals of Arizona
1Opinion of the Court
OPINION
JOHNSEN, Judge.
¶ 1 The superior court granted an untimely motion by Raymond Merolle, Jr., to dismiss an indictment with prejudice based on prose-cutorial misconduct during the grand jury proceedings. Under the case authorities, we must reverse because the superior court lacked the power to grant the untimely motion.
FACTS AND PROCEDURAL BACKGROUND
¶ 2 A grand jury indicted Merolle on charges of theft, altering a serial or identification number of a motor vehicle or major component part, and attempted fraudulent schemes and artifices. Because the prosecutor had failed to present…
2Cases cited10 opinions
- Carlisle v. United StatesSupreme Court of the United States · 1996
- United States v. SmithSupreme Court of the United States · 1947
- State v. SmithArizona Supreme Court · 1979
- State v. SmithArizona Supreme Court · 2007
- State v. LambArizona Supreme Court · 1984
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3Cited by3 opinions
- Gary Dwayne Skaggs v. Hon. FinkCourt of Appeals of Arizona · 2023
- State v. ArvizuCourt of Appeals of Arizona · 2015
- State v. JonesCourt of Appeals of Arizona · 2017