Brailsford v. Foster

OPINION

McMURDIE, Judge:

¶ 1 Philip Brailsford (“Petitioner”) petitions this Court for special action relief, challenging the magistrate’s finding of probable cause. Petitioner argues the magistrate precluded him from presenting all witnesses related to his justification defenses, thereby denying him due process and entitling him to a new probable cause finding. We accept jurisdiction, but because matters related to a contested justification defense need not be resolved at a preliminary hearing, we deny relief.

FACTS AND PROCEDURAL BACKGROUND

¶2 On January 18, 2016, Petitioner, a Mesa police…