State v. Jacobson

Much of that which is stated by the majority is accepted by me as good law, but it is the application of the principles which finds me in disagreement with the decision of the majority. In my view, the actions of the trial judge in this case were arbitrary and without sound basis in the law; hence an abuse of discretion.

Whenever a statute speaks in terms of the discretion of the court, it means a sound legal discretion. The principles involved in how we measure such sound legal discretion have been stated in a number of Arizona decisions. See, especially, Re Welisch, 18 Ariz. 517, 163 P. 264…