Legal Opinion
Hitch v. Pima County Superior Court
Arizona Supreme Court
Decided October 1, 1985No. 18080-SAPublishedCited by 17 opinions
1Opinion of the Court
CAMERON, Justice.
This is a special action brought by defendant from an order of the trial court compelling defendant’s attorney to deliver potentially inculpatory, physical evidence to the state and requiring that the attorney withdraw from representation. We have jurisdiction pursuant to Ariz. Const. Art. 6, § 5(3) and Rule 7, R.P.Sp.Act., 17A A.R.S.
We must decide three questions:
1. Does a defense attorney have an obligation to turn over to the state potentially inculpatory, physical evidence obtained from a third party?
2. If so, in what manner may this be done?
3. Must he then withdraw as…
2Cases cited12 opinions
- United States v. BagleySupreme Court of the United States · 1985
- Wardius v. OregonSupreme Court of the United States · 1973
- State v. KruchtenArizona Supreme Court · 1966
- State Ex Rel. Sowers v. OlwellWashington Supreme Court · 1964
- People v. MeredithCalifornia Supreme Court · 1981
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Henderson v. StateCourt of Criminal Appeals of Texas · 1997
- Rubin v. StateCourt of Appeals of Maryland · 1992
- Commonwealth v. StenhachSupreme Court of Pennsylvania · 1986
- Sanford v. State, Texas Court of Appeals, 8th District (El Paso)2000
- Spencer v. StateCourt of Special Appeals of Maryland · 1988
12 more not listed; retrieve them via the Exa API.