This section contains the nature of the case and procedural background.

Hitch (D) was indicted for first-degree murder. D's attorney knew that D's girlfriend (Heaton (D)) had the victim's watch. D had given it to her. The prosecution (P) was also told about the watch by Heaton (D), who delivered the watch to D's counsel. P demanded that D's attorney surrender the watch. D's counsel petitioned the Arizona State Bar Ethics Committee to determine his duties. This Committee concluded that the attorney was obligated to turn over the watch. It also determined that he had to withdraw as counsel. The attorney then filed a special petition for review with the Arizona Supreme Court.

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