STATE EX REL. COLLINS v. KAMIN

No. CV-86-0009-SA.

151 Ariz. 70 (1986)

725 P.2d 1104

STATE of Arizona, ex rel. Thomas E. COLLINS, Maricopa County Attorney, Petitioner, v. Hon. Alan S. KAMIN, Judge, Maricopa County Superior Court, Respondent, and Ralph William BAVARO, Jr., Real Party in Interest.

Supreme Court of Arizona, En Banc.

September 12, 1986.


Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa Co. Atty. by Randy H. Wakefield, Deputy Maricopa Co. Atty., Phoenix, for petitioner.

Richard J. Hertzberg, Phoenix, for real party in interest.


HOLOHAN, Chief Justice.

The State filed a petition for special action to vacate an order of the respondent superior court judge. The challenged order remanded the charges against the real party in interest, Ralph William Bavaro, to the grand jury for a new finding of probable cause. The prosecution was proceeding against Bavaro for violation of the obscenity statute, A.R.S. § 13-3502.

The single issue presented is whether the grand jury in an obscenity...

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