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STATE EX REL. HASTINGS v. SULT

No. CV-88-0024-PR.

162 Ariz. 112 (1989)

781 P.2d 590

STATE of Arizona, ex rel. Charles R. HASTINGS, Yavapai County Attorney; Robert K. Corbin, Attorney General, Petitioners, v. The Honorable James SULT, Judge of the Yavapai County Superior Court, Respondent, Duncan W. EDWARDS, Real Party in Interest.

Supreme Court of Arizona.

September 26, 1989.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Michael A. Edwards and Barbara A. Jarrett, Asst. Attys. Gen., Phoenix, for petitioners.

Lawrence W. Katz, Prescott, for real party in interest.

David W. Adams, II, Phoenix, for amicus curiae Arizona Pros. Attys.

Stephen M. Dichter, Chair, amicus curiae Committee, Arizona Attys., Phoenix, for Criminal Justice.

OPINION

MOELLER, Justice.

ISSUE AND JURISDICTION

We granted the state's petition for review to determine under what circumstances, if any, an attorney may question members of a sitting grand jury. We have jurisdiction pursuant to article 6, § 5(3) of the Arizona Constitution and Rule 8(b) of the Arizona Rules of Procedure for Special Actions.

FACTS

On August 25, 1986, the presiding judge of the Yavapai County Superior Court empaneled...

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