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STATE DeCONCINI v. SUPERIOR COURT, PIMA CTY.

Nos. 2 CA-CIV 1433, 2 CA-CIV 1435.

20 Ariz. App. 33 (1973)

509 P.2d 1070

The STATE of Arizona ex rel. Dennis DeCONCINI, Pima County Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR PIMA COUNTY, the Honorable Joe Jacobson, a Judge thereof, Respondents, and Nazareno FRANZE, Real Party In Interest. William J. GILKINSON et al., Petitioners, v. SUPERIOR COURT of the State of Arizona, IN AND FOR PIMA COUNTY, the Honorable Joe Jacobson, a Judge thereof, Respondents, and Nazareno FRANZE, Real Party In Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 19, 1973.

Review Denied July 17, 1973.

Attorney(s) appearing for the Case

Dennis DeConcini, Pima County Atty., by Gerard R. O'Meara, Deputy County Atty., Tucson, for petitioner State of Arizona.

Quigley & Quigley, P.C., by James E. Quigley, Tucson, for petitioners Gilkinson, McGuire, Mejia, Haury and Bowman.

Barber, Haralson, Giles & Moore, P.C., by Robert O. Barber, Jr., Tucson, for real party in interest.

HOWARD, Judge.

These two special actions present the same issue — Did the respondent court exceed its jurisdiction in a pending criminal case by ordering that all Internal Affairs Records of the Tucson Police Department concerning four police officers be turned over to the respondent judge for an in camera inspection? Since appellate intervention is required, we assume jurisdiction.

The real party in interest was charged by indictment with the...

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