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Writ removes special prosecutor

Jennifer Nelson
October 20, 2009
Keywords
Court order, Courts, Delaware County, Indiana Supreme Court
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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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  1. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  2. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  3. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

  4. Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone

  5. John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.

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