Maretick v. Jarrett

OPINION

BERCH, Justice.

¶ 1 Petitioner brings this special action to determine whether the trial court abused its discretion or acted capriciously or arbitrarily in denying his motion for redetermination of the probable cause underlying a manslaughter indictment handed down by a grand jury. A divided panel of the court of appeals affirmed the trial court’s decision. We hold that the denial of Petitioner’s motion was an abuse of discretion and we remand for a redetermination of probable cause.

FACTS AND PROCEDURAL HISTORY

¶ 2 Petitioner Scott Maretick was severely injured and his wife was killed…