Crimmins v. SUPERIOR CT. IN & FOR MARICOPA CY.

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,…