State v. Carruth

OPINION

HOWARD, Judge.

This special action was taken from the order of the trial court denying the state’s motion to depose the real parties in interest pursuant to Ariz.R.Crim.P. 15.3, 17 A.R.S. The petition presents a question pertaining to the applicability of the immunity statute, A.R.S. § 13-4064, to the criminal discovery rules. Because the state has no equally plain, speedy or adequate remedy by appeal, we accept jurisdiction.

The factual and procedural background is as follows. On the afternoon of January 28, 1988, the bodies of Rene Clifton and Barbara Jean Clifton, Rene’s mother, were…