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STATE v. PULASKI COUNTY CIRCUIT COURT

No. 94-197.

872 S.W.2d 414 (1994)

316 Ark. 514

STATE of Arkansas, Petitioner, v. PULASKI COUNTY CIRCUIT COURT, Respondent, Steven Marshall, Chad Brown, Terry Nutt, Intervenors.

Supreme Court of Arkansas.

March 28, 1994.

Attorney(s) appearing for the Case

Winston Bryant, Atty. Gen., Little Rock, for appellant.

Geo. Lawrence Jegley, Chief Dep. Pros. Atty., Little Rock, John D. Ogles, Jacksonville, Richard E. Holiman, Phillip Martin Hendry, Little Rock, for appellee.

PER CURIAM.

The State petitions for a writ of prohibition on grounds that the Pulaski County Circuit Court is without authority to order the prosecuting attorney to perform DNA testing on samples taken from three criminal defendants. Those defendants are the intervenors in this matter.

The three defendants were charged with rape. On August 3, 1993, the circuit court ordered that the defendants furnish blood, hair, and saliva samples to the prosecutor for analysis...

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