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HERRELL v. SARGEANT

No. CV-97-0156-PR.

944 P.2d 1241 (1997)

189 Ariz. 627

Phillip Clark HERRELL, Petitioner. v. Hon. William P. SARGEANT, III, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge, STATE of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

August 19, 1997.

Attorney(s) appearing for the Case

Eleanor L. Miller, Phoenix, for Phillip Clark Herrell.

Richard M. Romley, Maricopa County Attorney by Arthur G. Hazelton, Phoenix, for State of Arizona.

OPINION

FELDMAN, Justice.

The court of appeals declined to accept jurisdiction of a petition for special action by which Phillip Herrell sought to obtain a remand to the grand jury for a new determination of probable cause. See Rule 12.9, Ariz. R.Crim.P. We granted review because we believe that the principles articulated by our previous cases required the trial court and the court of appeals to grant relief. We have jurisdiction pursuant to Ariz...

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