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McCUTCHEON v. SUPERIOR COURT OF STATE

No. CV 86-0055-SA.

150 Ariz. 312 (1986)

723 P.2d 661

Terry Lynn McCUTCHEON, Petitioner, v. SUPERIOR COURT OF the STATE of Arizona, In and For the COUNTY OF PIMA; Hon. Thomas Meehan, Judge of the Superior Court, Division Sixteen, Respondents, and STATE of Arizona, Attorney General's Office, Steven LaMar, Real Party of Interest.

Supreme Court of Arizona, In Banc.

Reconsideration Denied September 16, 1986.

Attorney(s) appearing for the Case

Frederic J. Dardis, Pima County Public Defender by John W. Biggers, Deputy County Public Defender, Tucson, for petitioner.

Robert K. Corbin, Atty. Gen. by Steven A. LaMar, Asst. Atty. Gen., Phoenix, for respondents and real party in interest.

CAMERON, Justice.

This is a special action brought in response to the trial court's denial of defendant's motion for dismissal of an indictment. We have jurisdiction pursuant to art. 6, § 5(1) of the Arizona Constitution.

We must decide two questions:

1. Did the delay in bringing defendant to trial violate Rule 8 of the Arizona Rules of Criminal Procedure, 17 A.R.S.? 2. Did the delay violate the sixth amendment to the United States...

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