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STATE EX REL. WILLIAM v. CIRCUIT COURT OF ELKHART COUNTY

No. 180S16.

412 N.E.2d 72 (1980)

STATE of Indiana ex rel. William A. Dorton, Relator, v. The CIRCUIT COURT OF ELKHART COUNTY and the Honorable Richard W. Mehl, Special Judge, Respondent.

Supreme Court of Indiana.

November 13, 1980.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Kurt A. Young, Deputy Public Defender, Indianapolis, for relator.

Theo. L. Sendak, Atty. Gen., Stephen J. Cuthbert, Deputy Atty. Gen., Indianapolis, for respondent.

ORIGINAL ACTION

GIVAN, Chief Justice.

On the 16th day of January, 1980, the Supreme Court heard oral argument in this matter, and on that day issued an order denying a writ of mandate against the respondent court. Relator, however, chose to file his petition with the Clerk of this Court, thereby necessitating an opinion of this Court. We hereby set out the reasons why the majority of this Court voted to deny the writ.

Relator was convicted of burglary...

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