Aller v. State

Summary

The Arizona Supreme Court held that Ronan's 'particularized need' balancing framework—not a looser 'reasonable basis' standard—governs a former indicted defendant who lawfully possesses grand jury transcripts under A.R.S. § 21-411(A) and seeks to use them in a later civil suit, because § 13-2812 carried forward the 'in furtherance of justice' language Ronan authoritatively construed. It found the superior court erred in treating the publicly available Auditor General Report as a substitute for the transcripts, which uniquely show what the State presented to the grand jury and how, bearing on probable cause, causation, and malice in Aller's contemplated malicious-prosecution claims. Because the societal interests in grand jury secrecy are diminished but not eliminated in these circumstances, the court reversed the denial and remanded for in camera review and sealed arguments, directing the superior court to specify the scope of authorized use and conditions such as redactions or protective orders if Aller meets his burden.