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STATE v. DEDDENS

No. 2 CA-CIV 2122.

26 Ariz. App. 241 (1976)

547 P.2d 512

STATE of Arizona, Petitioner, v. Hon. Anthony T. DEDDENS, Judge of the Superior Court of the State of Arizona, in and for the County of Cochise, Roman MORALES, Real Party in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

Review Denied May 11, 1976.

Attorney(s) appearing for the Case

Richard J. Riley, Cochise County Atty., by Beverly H. Jenney, Deputy County Atty., Bisbee, for petitioner.

Ryan, Herbolich & Carragher, Ltd., by Michael A. Carragher, Douglas, for respondents real party in interest.

OPINION

KRUCKER, Judge.

A discovery order in a pending criminal prosecution is challenged by the State in this special action. Since no remedy by appeal is available and the circumstances warrant appellate intervention, we assume jurisdiction and grant relief.

The subject order authorizes defense counsel for Mr. Morales, defendant in a pending criminal case, to depose two witnesses for the prosecution. One witness resides in Douglas, Arizona, and the...

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