(Download) "Crimmins V. Superior Court" by Arizona Supreme Court ~ Book PDF Kindle ePub Free

eBook details

Title: Crimmins V. Superior Court
Author : Arizona Supreme Court
Release Date : January 03, 1983
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

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 the grand jurors of the right of a private individual to make a citizen's arrest. The motion was denied after a hearing on February 15, 1983, and this special action followed. We have jurisdiction under the Arizona Constitution, art. 6, § 5(1), and Rule 8, Rules of Procedure for Special Actions, 17A A.R.S. We find that the denial of that motion was an abuse of discretion, and we remand for a redetermination of probable cause.