Herrell v. Sargeant

OPINION

FELDMAN, Justice.

The court of appeals declined to accept jurisdiction of a petition for special action by which Phillip Herrell sought to obtain a remand to the grand jury for a new determination of probable cause. See Rule 12.9, Ariz. R.Crim.P. We granted review because we believe that the principles articulated by our previous cases required the trial court and the court of appeals to grant relief. We have jurisdiction pursuant to Ariz. Const, art. 6 § 5(3), Rule 23, Ariz. R.Civ.App.P., and A.R.S. § 12-120.24.

FACTS AND PROCEDURAL HISTORY

Herrell’s pleadings in this court and the court…