McKaney v. Foreman

¶ 25 The Court today holds that the indictment clause of the Arizona Constitution, Article II, Section 30, provides less protection to our citizens than the corresponding clause in the federal constitution. This is to my knowledge the first time that this Court has reached such a conclusion, and I cannot join it. Nonetheless, for the reasons I describe in Section II below, I would decline petitioner’s request for special action relief because he has an adequate remedy at law.

I

¶ 26 Article II, Section 30 provides that “[n]o person shall be prosecuted criminally in any court of record for…