Kirkendall v. Fisher

OPINION

HATHAWAY, Judge.

Petitioners, defendants in pending prosecutions, invoked Rule 15.3, Rules of Criminal Procedure, requesting the respondent court to allow them to depose certain prosecution witnesses, undercover agents of the Metropolitan Area Narcotics Squad. Their motions were denied and they have sought special action relief, claiming the respondent court abused its discretion. Since the problem will continue to plague the bench and bar, we deem it appropriate to assume jurisdiction and grant relief.

The pertinent facts follow. Several undercover agents of the Metropolitan Area…