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OSBORNE v. SUPERIOR COURT, PINAL COUNTY

Nos. 2 CA-SA 88-0018, 2 CA-SA 88-0026.

157 Ariz. 2 (1988)

754 P.2d 331

Mark Allen OSBORNE, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PINAL; Honorable Franklin D. Coxon, a Judge thereof, Respondents, and STATE of Arizona, Real Party in Interest. STATE of Arizona, Petitioner, v. SUPERIOR COURT OF PINAL COUNTY, and Honorable E.D. McBryde, a Judge thereof, Respondents, and Mark Allen OSBORNE, Real Party in Interest.

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

Review Denied May 24, 1988.

Attorney(s) appearing for the Case

Cole & O'Neil by Mark A. Higgins, Casa Grande, for Mark Allen Osborne.

Roy A. Mendoza, Pinal Co. Atty. by Catherine M. Hughes, Florence, for State.

OPINION

HOWARD, Presiding Judge.

This special action involves a question of first impression concerning the obligation of a defendant under Ariz.R.Crim.P. 15.2, 17 A.R.S., to disclose prior witness statements which may be used for impeachment purposes at trial. Because we believe the trial court abused its discretion in ordering disclosure, and because petitioner, the defendant below, has no equally plain, speedy or...

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