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Writ removes special prosecutor

October 20, 2009

The Indiana Supreme Court has ordered Delaware Circuit Court to vacate its order appointing J.A. Cummins as special prosecuting attorney and appoint someone else to serve in that capacity, according to a permanent writ of mandamus and prohibition posted today on the court's Web site.

The Oct. 16 order grants the petition of relief filed by Adrian D. Kirtz, who claimed that Delaware Circuit Court No. 5 and Judge Thomas A. Cannon Jr. have exceeded their jurisdiction and failed when under a duty to act by appointing Cummins as special prosecutor in the pending criminal case against Kirtz. Cummins and the Attorney General filed briefs opposing the issuance of the writ.

According to the order, the justices may later issue an order or opinion explaining their reasons for granting the writ. The permanent writ is ordered effective immediately because of an approaching scheduled trial date.

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