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Friday, November 13, 2009

Ind. Decisions - Supreme Court issues one opinion today

In State of Indiana ex rel. Adrian D. Kirtz v. The Delaware Circuit Court No. 5 and the Hon. Thomas A. Cannon, Jr., a 6-page per curiam decision, the Court explains the reasons why it agreed to grant a permanent writ of mandamus and prohibition on Oct. 16th

requiring the Respondents, the Delaware Circuit Court No. 5 and the Honorable Thomas A. Cannon, Jr., the judge thereof, to vacate the order appointing J. A. Cummins as special prosecutor in the criminal case pending below against Kirtz and to appoint a different person to serve as special prosecutor pursuant to Indiana Code Section 33-39-1-6.
Here is the Oct. 16, 2009 Permanent Writ of Mandamus and Prohibition, which itself provided:
The Court takes under advisement whether to issue later an order or opinion explaining the reasons for granting this writ. In light of the scheduled trial date approaching, the present order serves as the permanent writ, effective immediately. Motions to reconsider or petitions for rehearing are not allowed. Ind. Original Action Rule 5(C).

Posted by Marcia Oddi on November 13, 2009 03:05 PM
Posted to Ind. Sup.Ct. Decisions