MOSS v. HICKS

No. P-87-159.

738 P.2d 155 (1987)

David MOSS, District Attorney, Tulsa County, Oklahoma, Petitioner, v. Edward J. HICKS, Special District Judge, Tulsa County, Respondent.

Court of Criminal Appeals of Oklahoma.

April 22, 1987.


Attorney(s) appearing for the Case

Arthur James Shultz, Asst. Dist. Atty., Tulsa, for petitioner.

Edward J. Hicks, Special Judge, Tulsa, pro se.

Ed Lutz, Tulsa, for defendant in Trial Court.


ORDER GRANTING WRIT OF PROHIBITION AND MANDAMUS

On February 26, 1987, a hearing was held before the respondent, who was sitting as magistrate in the case of State v. Wallace, Case No. CRF-87-0135. Defense counsel argued that prior to the preliminary hearing a lineup must be held, otherwise an in-court identification of the defendant by the State's sole witness would be the equivalent of an improper one-man showup. The State argued that the magistrate did...

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