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STATE EX REL. NAPOLITANO v. BROWN

No. CV-98-0547-SA.

982 P.2d 815 (1999)

194 Ariz. 340

STATE of Arizona, ex rel. Janet A. NAPOLITANO, Attorney General, Petitioner. v. Hon. Michael BROWN, Presiding Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Kevin Artice Miles, Real Party in Interest.

Supreme Court of Arizona, En Banc.

June 4, 1999.

Attorney(s) appearing for the Case

Janet A. Napolitano, The Attorney General By: Paul J. McMurdie, Chief Counsel Criminal Appeals Section, Phoenix, Attorney for Petitioner.

Bruner & Bowman, P.C. By: Sean H. Bruner Tucson Attorney for Real Party in Interest.

McGREGOR, Justice.

¶ 1 The issue raised in this special action is whether the legislature, by adopting a statute that, among other provisions, set time limits for filing petitions for post-conviction relief that conflict with time limits set in rules adopted by this court, violated the separation of powers doctrine. We accepted jurisdiction under article VI, section 5.1 of the Arizona Constitution. For the following reasons, we hold unconstitutional those portions...

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