STATE v. TIPPECANOE COUNTY COURT

No. 981S230.

432 N.E.2d 1377 (1982)

STATE of Indiana On the Relation of John H. Meyers, Prosecuting Attorney for the 23RD Judicial Circuit. State of Indiana v. The TIPPECANOE COUNTY COURT and the Honorable David Redman As Special Judge Thereof.

Supreme Court of Indiana.

April 2, 1982.


Attorney(s) appearing for the Case

William E. Emerick, Chief Deputy Pros. Atty., for relator.


PER CURIAM.

This is an original action brought by relator following our denial of a temporary writ of mandate and prohibition on August 19, 1981. The issue raised by relator is whether the entire office of the prosecuting attorney in one county should be disqualified because the elected prosecuting attorney was previously a defense attorney for the accused in two prior cases.

The record in this case shows that defendant, Kenneth Paul Smith, was charged with...

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