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TREBUS v. DAVIS

No. CV-96-0563-PR.

944 P.2d 1235 (1997)

189 Ariz. 621

John TREBUS, Petitioner. v. Hon. John E. DAVIS, Judge of the Superior Court for the State of Arizona, in and for the COUNTY OF PIMA, Respondent, and STATE of Arizona, Real Party In Interest.

Supreme Court of Arizona, En Banc.

August 19, 1997.

Attorney(s) appearing for the Case

James W. Cochran, Tucson, for John Trebus.

Barbara E. LaWall, Pima County Attorney by Lynnette C. Kimmins, Christina M. Cabanillas, Tucson, for State.

OPINION

FELDMAN, Justice.

John Trebus moved to remand a grand jury's indictment for a new determination of probable cause. See Rule 12.9, Ariz. R.Crim.P. Trebus contends the trial judge abused his discretion by refusing to remand this case because the prosecutor had deprived him of the right to make a written request to present explanatory evidence to the grand jury pursuant to A.R.S. § 21-412. We granted review to examine the responsibility...

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