STATE EX REL. HASTINGS v. SUPERIOR COURT OF STATE

No. 1 CA-SA 076.

156 Ariz. 250 (1987)

751 P.2d 566

STATE of Arizona, ex rel. Charles R. HASTINGS, Yavapai County Attorney; Robert K. Corbin, Attorney General, Petitioner, v. SUPERIOR COURT OF the STATE OF ARIZONA, In and For the COUNTY OF YAVAPAI, Honorable James Sult, a Judge thereof, Respondent Judge, Duncan W. EDWARDS, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department A.

Review Granted April 5, 1988.


Attorney(s) appearing for the Case

Charles R. Hastings, Yavapai Co. Atty. by Steven B. Jaynes, Deputy Co. Atty., Prescott, and Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Crim. Div., Barbara A. Jarrett, Asst. Atty. Gen., Phoenix, for petitioner.

Lawrence William Katz, Prescott, for respondent Duncan W. Edwards, Real Party in Interest.

Arizona Attorneys for Criminal Justice by Stephen M. Dichter, Phoenix, amicus curiae.


OPINION

GRANT, Presiding Judge.

This court accepted jurisdiction of this petition for special action in order to answer the question of whether a defendant in a criminal case has the right to post-indictment questioning of the grand jury.

Duncan W. Edwards (Edwards), real party in interest, was indicted by the 36th Yavapai County Grand Jury in Prescott, Arizona, for Counts I and III, fraudulent schemes and artifices; Count II, theft; and Counts IV...

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