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WILLIS v. BERNINI IN AND FOR COUNTY OF PIMA

No. CR-21-0258-PR.

515 P.3d 142 (2022)

Aranzi Rae Jon WILLIS, Petitioner, v. Hon. Deborah BERNINI, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF PIMA, Respondent Judge, State of Arizona, Real Party in Interest.

Supreme Court of Arizona.

Filed August 18, 2022.

Attorney(s) appearing for the Case

D. Jesse Smith (argued), Law Office of D. Jesse Smith, Tucson, Attorney for Aranzi Rae Jon Willis.

Laura Conover , Pima County Attorney, Myles A. Braccio (argued), Criminal Appeals Section Chief, Maile Belongie , Deputy County Attorney, Tucson, Attorneys for State of Arizona.

Carol Lamoureux (argued), Joshua F. Hamilton , Law Office of Hernandez & Hamilton, PC, Tucson, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

Rachel Mitchell , Interim Maricopa County Attorney, Krista Wood , Acting Appeals Bureau Chief, Phoenix, Attorneys for Amicus Curiae Maricopa County Attorney's Office.

JUSTICE MONTGOMERY authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK, LOPEZ, BEENE, and KING joined.

¶1 In this case, we clarify the due process rights of a person under investigation before a grand jury, the duties of a prosecutor to present evidence for the grand jury's consideration in determining whether to issue an indictment, and the standard for what constitutes "clearly exculpatory" evidence...

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