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CRIMMINS v. SUPERIOR CT. IN & FOR MARICOPA CY.

No. 16505-SA.

137 Ariz. 39 (1983)

668 P.2d 882

Thomas D. CRIMMINS, Petitioner, v. The SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, and the Honorable Philip W. Marquardt, judge of division No. 12-E thereof, and Thomas E. Collins, Maricopa County Attorney, real party in interest, Respondents.

Supreme Court of Arizona, En Banc.

August 3, 1983.

Attorney(s) appearing for the Case

Hiner, Crowe & Scott by Michael B. Scott, Phoenix, for petitioner.

Thomas E. Collins, Maricopa County Atty. by John Wilkinson, Deputy County Atty., Phoenix, for respondents.

HAYS, Justice

This special action turns on the question of whether the trial court abused its discretion or acted arbitrarily or capriciously in denying petitioner's motion, challenging his indictment for kidnapping and assault, under rule 12.9, Rules of Criminal Procedure, 17 A.R.S. In that motion Crimmins alleged he was denied substantial procedural rights by virtue of the prosecutor's failure to (1) present the evidence in a fair and impartial manner, and (2) advise...

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