Black v. Coker

OPINION

IRVINE, Judge.

¶ 1 Dustin Black seeks relief from the trial court’s denial of his motion to remand the grand jury’s indictment for a new determina tion of probable cause. See Ariz.R.Crim.P. 12.9(a). Black contends the trial court erred because the prosecutor failed to inform the grand jury of his written request to appear and testify before it pursuant to Arizona Revised Statutes (“A.R.S.”) section 21-412 (2002). We find that the prosecutor had a duty to inform the grand jury of Black’s request. Nevertheless, because Black did not provide the prosecutor with the subject and outline of…