[Download] "State Indiana on Relation James F. Kelley" by Supreme Court of Indiana No. 478S73 # Book PDF Kindle ePub Free
eBook details
- Title: State Indiana on Relation James F. Kelley
- Author : Supreme Court of Indiana No. 478S73
- Release Date : January 25, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
On April 26, 1978, this Court conducted a hearing on the petition for an alternative writ of mandate and prohibition. Following the hearing a temporary writ was issued. We now make that writ permanent. On December 29, 1976, one, Billie Quillin, was charged with armed robbery in the respondent's court under cause number CR 76-379 C. The first trial resulted in a hung jury. The defendant was tried again on March 17, 1977, and was convicted. On April 7, 1977, he was formally sentenced by the respondent to a determinate term of 13 years. A timely motion to correct errors was filed and overruled on July 7, 1977. On September 16, 1977, the respondent court sua sponte granted the defendant a new trial on the ground that a particular witness had not been called to testify at trial. This witness was a resident of the neighborhood in which the crime occurred and had testified at the first trial regarding a man in a red sports car in front of her home on the day of the robbery. It was the position of the respondent court that such testimony was relevant and might have tended to exculpate the defendant on the issue of identification. The relator filed a motion to reconsider and after the motion was overruled, sought a writ of mandate and prohibition from this Court.