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Order asks for attorneys, court to use more professionalism

November 1, 2010

The Indiana Supreme Court denied a request for a writ of mandamus Friday. The high court noted that the attorneys and court involved had failed to act as professionally as they should regarding schedules.

The justices unanimously voted to deny the verified petition for writ of mandamus and prohibition seeking relief in State of Indiana, ex rel., John Crosby, et al. v. The Harrison Superior Court and the Hon. Roger D. Davis, as Judge Thereof, No. 31S00-1010-OR-615.

“The members of the Court conclude, unfortunately, that the level of professionalism exercised by both counsel and the trial court in the events underlying this original action falls short of the standard that other members of the legal profession and members of the public have a right to expect,” wrote Chief Justice Randall T. Shepard. “This Court urges the trial court, prosecutor, and defense attorney to cooperate in finding effective ways of resolving scheduling issues that arise as criminal cases are set for trial.”

The justices didn’t find in this instance that the trial court exceeded its jurisdiction or that it failed to act when under a clear duty to do so. The high court concluded its intervention was unwarranted.
 

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