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GERSHON v. BROOMFIELD

No. 15780-SA.

131 Ariz. 507 (1982)

642 P.2d 852

Samuel GERSHON, Petitioner, v. The Honorable Robert C. BROOMFIELD, Assignment Judge for the Eleventh State Grand Jury, Respondent, and The STATE of Arizona, Respondent and Real Party In Interest.

Supreme Court of Arizona, In Banc.

Rehearing Denied March 30, 1982.

Attorney(s) appearing for the Case

Lewis & Roca by Edward F. Novak and Jordan Green, Phoenix, for petitioner.

Robert K. Corbin, Atty. Gen. by Michael C. Cudahy, Asst. Atty. Gen., Crim. Div., Sp. Prosecutions Section, Phoenix, for real party in interest.

GORDON, Vice Chief Justice:

The sole issue presented in this special action is whether the Attorney General may subpoena witnesses and documents before the state grand jury without the prior consent of the grand jury. Taking jurisdiction pursuant to Ariz.Const. Art. 6, § 5(1), we hold that the Attorney General has no such power.

Without the state grand jury's consent, an assistant attorney general signed and sent a subpoena to petitioner on October 22...

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