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STATE EX REL. COURTNEY v. SUPERIOR COURT OF MARION CTY.

No. 49S00-8804-OR-384.

528 N.E.2d 64 (1988)

STATE of Indiana ex rel., Thomas Courtney, Relator, v. The SUPERIOR COURT of Marion County, Criminal Division Four and the Honorable Patricia Gifford, Judge Thereof, Respondents.

Supreme Court of Indiana.

September 14, 1988.

Attorney(s) appearing for the Case

Robert W. Hammerle, Indianapolis, for relator.

David F. McNamar, Steers, Sullivan, McNamar & Rogers, Indianapolis, for respondents.

PIVARNIK, Justice.

On March 23, 1988, this court conducted a hearing on a Temporary Writ of Mandate and Prohibition. The temporary writ was denied on that date and we now deny the application for a permanent writ.

Relator Thomas Courtney was charged with child molestation. His trial commenced on January 19, 1988. The jury retired for deliberations about 3:00 p.m., on January 21, 1988, and all instructions were sent to the jury room. At 4:00 p.m., the jury...

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