Legal Opinion
Price v. Maxwell
Court of Appeals of Arizona
Decided November 30, 1983No. 2 CA-CIV 4780PublishedCited by 3 opinions
1Opinion of the Court
OPINION
HATHAWAY, Judge.
This appeal requires us to determine the scope of the exception to the statute of limitations in criminal actions which permits the commencement of a new prosecution beyond the period of limitations where the original complaint has been dismissed “for any error, defect, insufficiency or irregularity ....” A.R.S. § 13-107(F).
Appellee was charged on May 27, 1981, with driving while intoxicated in violation of A.R.S. § 28-692. Appellee filed a motion to suppress in the Tucson City Court, which was taken under advisement by another city magistrate, not the respondent here,…
2Cases cited12 opinions
- Fed. Sec. L. Rep. P 95,560 United States of America v. David B. CharnayCourt of Appeals for the Ninth Circuit · 1976
- Genda v. Superior Court, County of PimaArizona Supreme Court · 1968
- State v. FogelCourt of Appeals of Arizona · 1972
- Lim v. Superior Court in and for Pima CountyCourt of Appeals of Arizona · 1980
- United States v. MoriartyDistrict Court, E.D. Wisconsin · 1971
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3Cited by3 opinions
- Price v. MaxwellArizona Supreme Court · 1984
- Dunlap v. Superior CourtCourt of Appeals of Arizona · 1991
- Dunlap v. Superior CourtCourt of Appeals of Arizona · 1991