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COX ARIZONA PUBLICATIONS v. COLLINS

No. 1 CA-CV 89-018.

169 Ariz. 189 (1991)

818 P.2d 174

COX ARIZONA PUBLICATIONS, INC., an Arizona corporation, dba the Tribune, and Phoenix Newspapers, Inc., an Arizona corporation dba the Arizona Republic, Plaintiffs-Appellees, v. Thomas E. COLLINS, State of Arizona, Maricopa County Attorney, Defendant-Appellant.

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

Review Granted October 25, 1991.

Attorney(s) appearing for the Case

Gust, Rosenfeld & Henderson by Terrance C. Mead, Colleen M. Parker, Patricia Sallen, Phoenix, for plaintiffs-appellees.

Grant Woods, Atty. Gen. by Toni McClory, Asst. Atty. Gen., Phoenix, for amici curiae.

Richard M. Romley, Maricopa County Atty. by H. Allen Gerhardt, Deputy County Atty., Phoenix, for defendant-appellant.

OPINION

EUBANK, Presiding Judge.

During an active ongoing criminal prosecution, does a newspaper reporter have the right, pursuant to A.R.S. §§ 39-121 to -121.03 of the Public Records Act, to inspect and copy police investigation reports that are in the possession of the prosecuting attorney? We answer this question in the negative and reverse the trial court's judgment awarding appellees attorneys' fees...

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