State v. Kamin

HOLOHAN, Chief Justice.

The State filed a petition for special action to vacate an order of the respondent superior court judge. The challenged order remanded the charges against the real party in interest, Ralph William Bavaro, to the grand jury for a new finding of probable cause. The prosecution was proceeding against Bavaro for violation of the obscenity statute, A.R.S. § 13-3502.

The single issue presented is whether the grand jury in an obscenity case must view each of the allegedly obscene videotapes in its entirety before deciding whether there is probable cause to indict.

On July 30,…