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HITCH v. PIMA COUNTY SUPERIOR COURT

No. 18080-SA.

146 Ariz. 588 (1985)

708 P.2d 72

Michael Thomas HITCH, Petitioner, v. PIMA COUNTY SUPERIOR COURT, The Honorable Gilbert Veliz, Division II, Respondents, and STATE of Arizona, Real Party in Interest.

Supreme Court of Arizona, In Banc.

October 1, 1985.

Attorney(s) appearing for the Case

Frederic J. Dardis, Pima County Public Defender by Lawrence H. Fleischman and David Sherman, Deputy Public Defenders, Tucson, for petitioner.

Stephen D. Neely, Pima County Atty. by Rick Unklesbay, Deputy County Atty., Tucson, for respondents.

Nat. Legal Aid and Defender Ass'n by Richard J. Wilson, Washington, D.C., for amicus curiae.

CAMERON, Justice.

This is a special action brought by defendant from an order of the trial court compelling defendant's attorney to deliver potentially inculpatory, physical evidence to the state and requiring that the attorney withdraw from representation. We have jurisdiction pursuant to Ariz. Const. Art. 6, § 5(3) and Rule 7, R.P.Sp.Act., 17A A.R.S.

We must decide three questions:

1. Does a defense attorney have an obligation to turn over...

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