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KIRKENDALL v. FISHER

No. 2 CA-CIV 2239.

27 Ariz. App. 210 (1976)

553 P.2d 243

Larry Dean KIRKENDALL, Manuel Jesus Duarte, John L. Redmond, and Virginia Brenna, Petitioners, v. The Honorable Lillian FISHER, Judge of the Superior Court of Arizona, IN AND FOR the COUNTY OF PIMA, and the STATE of Arizona, Real Party in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

July 20, 1976.

Attorney(s) appearing for the Case

Risner, Raven & Keller, by Mark B. Raven, Tucson, for petitioner Kirkendall.

Hirsh, Shiner & Polis, P.C., by Robert J. Hirsh, Tucson, for petitioners Duarte and Redmond.

James F. Crane, Tucson, for petitioner Brenna.

David G. Dingeldine, Pima County Atty., by J.L. Lansdale, Jr., Deputy County Atty., for real party in interest.

OPINION

HATHAWAY, Judge.

Petitioners, defendants in pending prosecutions, invoked Rule 15.3, Rules of Criminal Procedure, requesting the respondent court to allow them to depose certain prosecution witnesses, undercover agents of the Metropolitan Area Narcotics Squad. Their motions were denied and they have sought special action relief, claiming the respondent court abused its discretion. Since the problem will continue to plague the bench and bar, we deem...

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