§ 7.3.6.4.4 Grand Jury/Probable Cause Proceedings. It is well-recognized that challenges to the denial or grant of a motion to remand a case to the grand jury for a redetermination of probable cause must be brought by special action. State v. Murray, 184 Ariz. 9, 32, 906 P.2d 542, 565 (1995); see also Crimmins v. Superior Court (Collins), 137 Ariz. 39, 40, 668 P.2d 882, 883 (1983); State ex rel. Thomas v. Contes, 216 Ariz. 525, 527, ¶ 5, 169 P.3d 115, 117 (App. 2007); State ex rel. Thomas v. Ditsworth, 216 Ariz. 339, 341, ¶ 7, 166 P.3d 130, 132 (App. 2007). In State v. Moody, 208 Ariz. 424, 439-40, ¶ 31, 94 P.3d 1119, 1134-35 (2004), the supreme court reiterated that challenges to a grand jury’s finding of probable cause must be raised by special action. Addressing on direct appeal the defendant’s claim that the trial court had erred by denying his motion to dismiss the indictment, the court stated there is only one exception to the rule that such challenges must be made by special action: “when a defendant has had to stand trial on an indictment which the government knew was based partially on perjured, material testimony.” Id. (quoting State v. Gortarez, 141 Ariz. 254, 258, 686 P.2d 1224, 1228 (1984)). Thus, the court limited its review to that question. Id.
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