STATE, EX REL. CORBIN v. YBARRA

No. CV-88-0452-PR.

161 Ariz. 188 (1989)

777 P.2d 686

STATE of Arizona, ex rel. Robert K. CORBIN, Attorney General, Petitioner, v. Honorable Gloria G. YBARRA, Judge, Division Criminal Four, Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent, and EXCEL INDUSTRIES, INC., Harvey Allen Goldvarg, Clyde Arthur Fritz, Wilfred J. Fienhage, Jr., and Ernest Miller, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

July 11, 1989.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Marty A. Woelfle, Asst. Atty. Gen., Phoenix, for petitioner.

Allen, Kimerer & LaVelle by Michael D. Kimerer and Pamela J. Franks, and Derrick & Jurkowitz by Clark L. Derrick and Tom Karas, Debus, Bradford and Kazan, Ltd. by Larry L. Debus and Michael E. Benchoff, Phoenix, for real parties in interest.

Bryan, Cave, McPheeters & McRoberts by Michael D. Hawkins and Kevin P. Gallagher, Phoenix, for amicus curiae Western Technologies.

Streich, Lang, Weeks & Cardon, P.A. by William S. Hawgood, II and Marcia Horn Yavitz, and Evans, Kitchel & Jenckes, P.C. by Amy R. Coy and Timothy R. Hyland, Phoenix, for amicus curiae Arizona Chamber of Commerce and Arizona Ass'n of Industries.

Lewis and Roca by Edward F. Novak, Janet A. Napolitano and John Evans, Phoenix, for amicus curiae Arizona Attys. for Criminal Justice.


FELDMAN, Vice Chief Justice.

The court of appeals held that the work product doctrine did not protect a report prepared by an expert retained at the instruction of criminal defense counsel. State ex rel. Corbin v. Superior Court, 161 Ariz. 181, 777 P.2d 679 (Ct.App. 1988). We granted review to examine the boundaries of the work product doctrine with respect to such reports. See Rule...

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