PATCHELL v. STATE

No. 2 CA-SA 0292.

147 Ariz. 508 (1985)

711 P.2d 647

Gary PATCHELL, Petitioner, v. The STATE of Arizona, and the Superior Court of the State of Arizona, In and For the County of Pima, and the Honorable John Hawkins, a Judge Thereof, Respondents, and The STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department A.

November 7, 1985.


Attorney(s) appearing for the Case

Alpert, Fein & Hameroff, P.C. by Donn S. Alpert, Tucson, for petitioner.

Stephen D. Neely, Pima County Atty. by Alan Davidon, Tucson, for real party in interest.


OPINION

BIRDSALL, Presiding Judge.

In this special action, we are called upon to determine the validity of Arizona's "use immunity" statute, A.R.S. § 13-4064, under the Arizona Constitution. Because the issue presented is one of first impression, is narrowly framed, and is of statewide importance, we accept jurisdiction. For the reasons set forth below, however, we deny relief.

On June 21, 1985, petitioner was subpoenaed to testify before the...

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