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STATE EX REL., DEAN v. CITY COURT, ETC.

No. 2 CA-CIV 3858.

129 Ariz. 132 (1981)

629 P.2d 99

The STATE of Arizona, ex rel., Frederick S. DEAN, City Attorney for the City of Tucson, Petitioner/Appellant, v. CITY COURT OF the CITY OF TUCSON, The Honorable Robert Fleming, Magistrate; and Kevin Douglas Keith, real party in interest, Respondents/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 2, 1981.

Review Denied July 21, 1981.

Attorney(s) appearing for the Case

Frederick S. Dean, City Atty. by Michael E. Owen, Tucson, for petitioner/appellant.

Schotland & Stuehringer by James W. Stuehringer, Tucson, for respondent/appellee Keith.

OPINION

BIRDSALL, Judge.

This is an appeal by the state from a final judgment of the superior court in a special action. The real party in interest, Keith, is charged with a misdemeanor over which the city court has jurisdiction. Keith moved to depose a police officer who is a material witness. The police officer was willing to be interviewed by Keith's counsel but refused to allow the interview to be tape-recorded. Keith's motion was granted by the city court...

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