MARETICK v. JARRETT

No. CV-02-0253-SA.

62 P.3d 120 (2003)

204 Ariz. 194

Scott Mitchell MARETICK, Petitioner, v. Hon. Barbara JARRETT, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

January 21, 2003.


Attorney(s) appearing for the Case

Quarles & Brady Streich Lang, L.L.P., by Darrow K. Soll, Phoenix, Attorneys for Petitioner.

Richard M. Romley, Maricopa County Attorney by Arthur G. Hazelton, Jr., Deputy County Attorney and Michael G. Denney, Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest.


OPINION

BERCH, Justice.

¶ 1 Petitioner brings this special action to determine whether the trial court abused its discretion or acted capriciously or arbitrarily in denying his motion for redetermination of the probable cause underlying a manslaughter indictment handed down by a grand jury. A divided panel of the court of appeals affirmed the trial court's decision. We hold that the denial of Petitioner's motion was an abuse of discretion and we remand...

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