Litak v. Scott

CAMERON, Justice.

This is a petition for special action filed in this court by Joanne Litak, the petitioner, claiming that the Honorable Stephen Scott, Judge of the Superior Court, acted in excess of his jurisdiction in allowing the state to appeal from an order of the Phoenix City Court dismissing two counts in a complaint. We have jurisdiction pursuant to Ariz. Const. Art. 6, § 5(3) and Rule 8, Arizona Rules for Special Actions.

The issues we must resolve on appeal are:

1. May the state appeal from an adverse ruling by a city or police court?

2. Did the state properly appeal from such ruling?

The…