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STATE EX REL. THOMAS v. DITSWORTH

No. 1 CA-SA 07-0065.

166 P.3d 130 (2007)

STATE of Arizona ex rel. Andrew P. THOMAS, Maricopa County Attorney, Petitioner, v. The Honorable John R. DITSWORTH, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Harshad Patel, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department E.

September 6, 2007.

Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney, By Linda Van Brakel, Deputy County Attorney, Phoenix, Attorneys for Petitioner.

Jones, Skelton & Hochuli, P.L.C., By A. Melvin McDonald, Jay R. Adleman, Phoenix, Attorneys for Real Party in Interest.

OPINION

HALL, Judge.

¶ 1 The Maricopa County Attorney seeks special action review of the trial court's determination that incriminating statements made by Harshad Patel during an investigation by the Arizona Medical Board (the Board) are privileged pursuant to the Medical Practices Act, Arizona Revised Statutes (A.R.S.) sections 32-1401 to 32-1491 (2002 & Supp. 2006), and therefore inadmissible as evidence in grand jury proceedings against him....

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