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NEILSON v. SUPERIOR COURT

No. 2 CA-SA 88-0145.

159 Ariz. 395 (1988)

767 P.2d 1185

Daniel Stephen NEILSON, Petitioner, v. SUPERIOR COURT, COCHISE COUNTY, and The Honorable Judge of Division III Thereof, James L. Riley, Respondents, and The STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied February 22, 1989.

Attorney(s) appearing for the Case

Robert Arentz, Cochise County Public Defender by Joseph P. DiRoberto, Bisbee, for petitioner.

Alan K. Polley, Cochise County Atty. by Wayne A. Dirst, Bisbee, for real party in interest.

OPINION

FERNANDEZ, Judge.

Petitioner brought this special action from the trial court's denial of a petition for writ of habeas corpus. Because we believed petitioner had no adequate remedy by means of appeal and because he was being held wrongfully in the Cochise County Jail pending the outcome of this special action, we granted relief by order of November 14, 1988, releasing him from custody and ordering that he cannot be incarcerated as a result of the...

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