State Ex Rel. Woods v. Cohen

844 P.2d 1147 (1992)

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Nature of the Case

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Facts

D was indicted by a grand jury for conspiracy to defraud the Arizona Health Care Cost Containment System and for various offenses committed by his co-conspirators in carrying out that conspiracy. Counts 18 through 29 of the indictment charged D with various substantive offenses, including theft and fraud, committed by his co-conspirators. D moved to dismiss counts 18 through 29 for lack of evidence implicating him. The trial court granted the motion and remanded those counts to the grand jury for a new determination of probable cause. P argued that the trial court's ruling was based on a rejection of the Pinkerton doctrine of vicarious liability under which D could be held liable for the substantive crimes of his co-conspirators even though he did not participate in those crimes. The grand jury was instructed on this doctrine, and the state concedes that it presented no evidence of D's direct participation in the offenses which were the subject of counts 18 through 29. The court of appeals reversed and remanded the case for further proceedings based upon the existing grand jury indictment. The state supreme court granted D's petition for review.