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FRANCISCO v. STATE

No. 12444-PR.

113 Ariz. 427 (1976)

556 P.2d 1

Edmund FRANCISCO, Petitioner, v. The STATE of Arizona, the Honorable J. Richard Hannah, Judge of the Pima County Superior Court, and the Pima County Superior Court, Respondents.

Supreme Court of Arizona, En Banc.

September 28, 1976.

Attorney(s) appearing for the Case

James J. Purcell, Sandra K. Pharo, Papago Legal Services, Sells, for petitioner.

Dennis DeConcini, Former Pima County Atty., David G. Dingeldine, Pima County Atty. by David R. Ostapuk, Deputy County Atty., Tucson, for respondents.

James T. Van Bergen, William E. Strickland, Tucson, for amicus curiae The Papago Tribe.

HAYS, Justice.

Suit was brought in the Superior Court of Pima County by the State of Arizona in the name of Veronica Toro to determine the petitioner's alleged paternity of Veronica's child, Jonathan. The petitioner, Edmund Francisco, moved to dismiss, claiming lack of personal jurisdiction on the grounds that the Pima County Deputy Sheriff, who served the petitioner, was without authority to do so while on the Papago Indian Reservation. The motion was denied and...

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