State Ex Rel. Berger v. SUP. COURT IN & FOR CTY. OF MARICOPA
This text of 513 P.2d 935 (State Ex Rel. Berger v. SUP. COURT IN & FOR CTY. OF MARICOPA) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE of Arizona ex rel. Moise BERGER, Maricopa County Attorney, Petitioner,
v.
The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, the Honorable Charles D. Roush, Judge thereof; and Vergil Lee PATE, Real Party in Interest, Respondents.
Supreme Court of Arizona, In Banc.
Moise Berger, Maricopa County Atty., by William J. Friedl, Deputy County Atty., Phoenix, for petitioner.
Ross P. Lee, Maricopa County Public Defender by Paul J. Prato, Deputy Public Defender, Phoenix, for respondents.
PER CURIAM.
The Superior Court's ruling of August 29, 1973 holding Vergil Lee Pate's statements involuntary because he did not specifically state he waived counsel is set aside and vacated. The answering to questions after the giving of a proper Miranda warning constitutes a waiver by conduct.
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513 P.2d 935, 109 Ariz. 506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-berger-v-sup-court-in-for-cty-of-maricopa-ariz-1973.