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KORZEP v. SUPERIOR COURT

No. 1 CA-SA 223.

155 Ariz. 303 (1987)

746 P.2d 44

Roberta KORZEP, Petitioner, v. SUPERIOR COURT OF the STATE OF ARIZONA, In and For the COUNTY OF YUMA, Honorable Douglas Keddie, a judge thereof, Respondent Judge, STATE of Arizona, ex rel. David S. ELLSWORTH, Yuma County Attorney, Real Party in Interest.

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

November 24, 1987.

Attorney(s) appearing for the Case

Suciu, Donovan & Schmitt by Michael J. Donovan, Yuma, for petitioner.

David S. Ellsworth, Yuma Co. Atty. by Philip L. Hall, Chief Deputy Co. Atty., Yuma, and Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Criminal Div., Phoenix, for respondent.

OPINION

JACOBSON, Judge.

This special action seeks to remand a criminal prosecution to the grand jury for a redetermination of probable cause. The central issue presented is whether a pathologist's opinions were mischaracterized in hearsay testimony to the grand jury and if so, whether this requires a remand to the grand jury for presentation of the opinions by the doctor's own testimony.

The facts are that the petitioner, Roberta Korzep, has been...

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