State ex rel. Berger v. Superior Court

JACOBSON, Presiding Judge.

This is a special action brought by petitioner, the State of Arizona, seeking to have set aside an order of the superior court “remanding” a criminal case to the justice court for a second preliminary hearing, following the trial court’s denial of a motion to quash the information.

Respondent, John J. Karie, the real party in interest, was charged by a two count complaint in the justice court with the crimes of bribery and presentment of a false claim, both felonies. After a preliminary hearing, at which defendant was represented by counsel, he was held to answer on…