O'MEARA v. SUPERIOR COURT FOR MARICOPA

No. 1 CA-SA 92-0160.

173 Ariz. 355 (1992)

842 P.2d 1368

Debra A. O'MEARA and Melroy L. Urban, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Robert L. Gottsfield, a judge thereof, Respondent Judge, STATE of Arizona, ex rel. Richard ROMLEY, Maricopa County Attorney, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department A.

Review Granted January 20, 1993.


Attorney(s) appearing for the Case

Tom Karas, Ltd. by Tom Karas, Phoenix, for petitioner Debra A. O'Meara.

Debus & Kazan by Larry L. Debus, Phoenix, for petitioner Melroy L. Urban.

Richard M. Romley, Maricopa County Atty. by Vicki Kratovil, Kevin Maricle, Deputy County Attys., Phoenix, for real party in interest.


OPINION

GARBARINO, Judge.

The petitioners (defendants) in this special action request review of the trial court's order denying their motion to dismiss the indictment and remand the case to the grand jury for a new determination of probable cause. The issue presented focuses upon the prosecutor's duty to instruct the grand jurors on the law applicable to the offense charged. We previously accepted jurisdiction, with an opinion to follow. This is that opinion...

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