State ex rel. Kindred v. Morgan Circuit Court, 883S280
| Decision Date | 31 October 1983 |
| Docket Number | No. 883S280,883S280 |
| Citation | 455 N.E.2d 328 |
| Parties | STATE of Indiana, ex rel. James H. KINDRED, Relator, v. The MORGAN CIRCUIT COURT, the Honorable James E. Harris, and the Honorable John Mowrer, as Judges Thereof, Respondents. |
| Court | Indiana Supreme Court |
John D. Boren, Boren & Oliver, Martinsville, for relator.
Jane Spencer Craney, Pros. Atty., Martinsville, for respondents.
Relator sought a Writ of Prohibition and Mandamus from this Court against the respondents. After a hearing held August 3, 1983, we denied the petition. We now ratify the denial.
The Petition sought a Writ of Prohibition against the Morgan County Circuit Court and the Honorable John Mowrer, Special Judge, to prevent Judge Mowrer from continuing to preside in proceedings against relator. He also sought a Writ of Mandamus requiring the Honorable James Harris to resubmit a panel of special judge candidates pursuant to Criminal Rule 13.
The facts are these: Relator filed a motion in the Morgan Circuit Court seeking a change of judge from the Honorable James Harris. This motion was granted by Judge Harris in open court on February 10, 1983. At that time the judge named a panel of special judge candidates consisting of the Honorable John Mowrer, the Honorable Linda Chezem and the Honorable Patricia Gifford. Relator and his counsel were present in court when the panel was announced. On February 22, 1983, in a written Ruling on The Motion for a Change of Judge, Judge Harris found the relator was entitled to the change and again named a panel. However, this panel contained the name of the Honorable Roy Jones and not the name of the Honorable Patricia Gifford. On March 3, 1983, relator's counsel struck the name of the Honorable Linda Chezem. On March 4, 1983, the judge took note of the discrepancy between the February 10 oral panel and the February 22 written panel. He then entered a nunc pro tunc order correcting the written order so it was in accord with the panel named February 10. On March 8, 1983, the State struck the Honorable Patricia Gifford. The Honorable John Mowrer, the remaining judge from the February 10 panel, was then named special judge. He appeared and qualified on March 16, 1983. Relator then sought a change of judge from Judge Mowrer. It was denied.
Relator contends the action of Judge Harris in amending the panel after one party had struck but before the other party had such opportunity was beyond the jurisdiction of the court and was inconsistent with the mandate of Criminal Rules 12 and 13.
This Court has stated: "The extraordinary remedy of a writ is not appropriate unless a clear and obvious emergency exists and the failure of this court to act would result in substantial injustice." State ex rel. Harris v. Scott Circuit Court, (1982) Ind., 437 N.E.2d 952; State ex rel. Indiana State Board of...
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Kindred v. State
...320; Kindred v. State (1987), Ind.App., 514 N.E.2d 314; Kindred v. State (1986), Ind.App., 493 N.E.2d 467; State ex rel. Kindred v. Morgan Circuit Court (1983), Ind., 455 N.E.2d 328; Kindred v. State (1977), 173 Ind.App. 624, 365 N.E.2d 776; Kindred v. State (1977), 172 Ind.App. 645, 362 N.......
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Kindred v. State
...an appellant in numerous judicial proceedings. See, e.g., Kindred v. State (1988), Ind., 521 N.E.2d 320; State ex rel. Kindred v. Morgan Circuit Court (1983), Ind., 455 N.E.2d 328; Kindred v. State (1977), 173 Ind.App. 624, 365 N.E.2d 776; Kindred v. State (1974), 160 Ind.App. 418, 312 N.E.......
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Kindred v. State
...Kindred v. State, 514 N.E.2d 314 (Ind.Ct.App.1987); Kindred v. State, 493 N.E.2d 467 (Ind.Ct.App.1986); State ex rel. Kindred v. Morgan Circuit Court, 455 N.E.2d 328 (Ind.1983); Kindred v. State, 173 Ind.App. 624, 365 N.E.2d 776 (1977); Kindred v. State, 172 Ind.App. 645, 362 N.E.2d 168 (19......
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State ex rel. Robinson v. Grant Superior Court No. 1
...correct any abuse of the respondent court's discretion in denying relator's motion for change of judge. See State ex rel. Kindred v. Morgan Circuit Court, (1983) Ind., 455 N.E.2d 328 (in original actions appealable matters raised by relator will not be addressed); State ex rel. Pebblecreek ......