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MAGISTRATE COURT DEKALB COUNTY v. FLEMING

No. S08A1060.

667 S.E.2d 356 (2008)

MAGISTRATE COURT OF DEKALB COUNTY et al. v. FLEMING.

Supreme Court of Georgia.

Reconsideration Denied October 27, 2008.

Attorney(s) appearing for the Case

Howard W. Indermark, Duluth, for appellants.

Gwendolyn Keyes Fleming, Dist. Atty., Barbara B. Conroy, Leonora Grant, Asst. Dist. Attys., for appellee.

Gerard B. Kleinrock, Tommy K. Floyd, Dist. Atty., Lalaine A. Briones, Asst. Dist. Atty., Charles C. Olson, amici curiae.

HUNSTEIN, Presiding Justice.

Gwendolyn Keyes Fleming, District Attorney for the Stone Mountain Judicial Circuit, filed a petition for mandamus and prohibition against the DeKalb County Magistrate Court1 and selected magistrate judges (collectively, "DCMC") on July 2, 2007, challenging DCMC's alleged policy of finding hearsay evidence alone insufficient to establish probable cause at preliminary hearings.2 The...

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