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Application of Lopez

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eBook details

  • Title: Application of Lopez
  • Author : Arizona Supreme Court
  • Release Date : January 01, 1965
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

Alexander Lopez, an inmate of the Arizona State Prison at Florence, Arizona, filed with this Court a motion for leave to take a delayed appeal pursuant to Rule 16(a), Rules of the Supreme Court, 17 A.R.S., as amended 1964. Accompanying his motion was his affidavit deposing that he had been convicted in a criminal action on March 29, 1963; that prior to the time of the expiration of his right to appeal, he requested his court-appointed counsel to appeal the case to this Court; that his court-appointed counsel advised him that he was resigning from representing him as he saw no hope for reversal on appeal; that he, Lopez, acting as his own counsel, prepared a notice of appeal and motion for appointment of counsel and motion for leave to file and prosecute the appeal in forma pauperis; that these documents were delivered to the proper official at the Arizona State Prison on May 28, 1963, and received in the mail by the clerk of the Superior Court of Pima County on May 31st; that on June 11th, the Honorable Robert O. Roylston, Judge of the Superior Court, entered an order granting leave to file and prosecute the appeal in forma pauperis and ordering the record be furnished to Lopez at the expense of the county; that thereafter, on June 25th, the Honorable John F. Molloy, Judge of the Superior Court of Pima County, entered an order directing Lopez to show cause why the order entered by Judge Roylston on June 11th should not be set aside and the appeal dismissed; and that on July 5, 1963, the Honorable Alice N. Truman, Judge of the Superior Court of Pima County, Arizona, entered an order setting aside the order of Judge Roylston and further ordering that the appeal be dismissed.


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