State v. Jacobson

HATHAWAY, Judge.

We have granted the state’s petition for special action to review a ruling of the respondent judge with respect to a jury instruction in a criminal trial. (The real party in interest is the defendant charged with unlawful sale of marijuana). Although this court, generally speaking, is loath to intervene by way of special action during the course of a trial, we were of the opinion that sufficient compelling circumstances existed here in that the state would otherwise be foreclosed, in the event of a verdict favorable to the defendant, from seeking judicial review.

The defendant…