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STATE EX REL. HYDER v. SUPERIOR COURT, ETC.

No. 13060.

114 Ariz. 337 (1977)

560 P.2d 1244

The STATE of Arizona ex rel. Charles F. HYDER, Maricopa County Attorney, Petitioner, v. The SUPERIOR COURT OF Arizona, MARICOPA COUNTY, the Honorable Robert Corcoran, Judge, Respondent, Cindy Sue Kruglick and Arthur Kruglick, Real Parties in Interest.

Supreme Court of Arizona, In Banc.

March 15, 1977.

Attorney(s) appearing for the Case

Charles F. Hyder, Maricopa County Atty. by Randy Ellexson, Deputy County Atty., Phoenix, for petitioner.

Murray Miller, Phoenix, for real parties in interest.

HOLOHAN, Justice.

By special action the state as petitioner challenges the action of the respondent superior court judge in suppressing certain evidence seized by the state. Due to the unusual posture of the case we accepted jurisdiction.

Normally the granting of a motion to suppress is an appealable order. A.R.S. § 13-1712. Where there is an adequate remedy by appeal we will not entertain a special action....

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