WAITKUS v. MAUET

No. 2 CA-SA 88-0056.

157 Ariz. 339 (1988)

757 P.2d 615

Michael Jon WAITKUS, Petitioner, v. The Honorable Thomas A. MAUET, Judge Pro Tempore of Pima County Superior Court, Respondent, and The STATE of Arizona, Real Party in Interest.

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

June 30, 1988.


Attorney(s) appearing for the Case

Michael S. Mussman, Pima County Legal Defender by Lori A. Petersen, Tucson, for petitioner.

Stephen D. Neely, Pima Co. Atty. by Charles L. Jenkins, Tucson, for real party in interest.


LACAGNINA, Chief Judge.

Petitioner has brought this special action from the trial court's granting of a motion to compel disclosure filed by the state. Because we believe the trial court acted arbitrarily and exceeded its jurisdiction, we assume jurisdiction and grant relief.

On December 18, 1987, the petitioner was convicted of first-degree burglary and assault. On February 12, 1988, petitioner's trial counsel, an attorney in the Pima County Public Defender...

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