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STATE ON THE RELATION OF GRIFFIN v. LAWLER

No. 18S00-9502-OR-202.

659 N.E.2d 514 (1995)

STATE of Indiana on the relation of Eddie GRIFFIN, Relator, v. William F. LAWLER, Jr., Special Prosecutor, Delaware County Superior Court # 1; Delaware County Superior Court # 1 and the Honorable Robert L. Barnet as Judge Thereof, Respondents.

Supreme Court of Indiana.

December 27, 1995.

Attorney(s) appearing for the Case

Geoffrey A. Rivers, Public Defender, Joseph P. Hunter, Special Public Defender, Quirk & Rivers, Muncie, for Eddie Griffin.

William F. Lawler, Jr., Special Prosecutor, Delaware Superior Court I, Anderson, for William F. Lawler, Jr.

ORIGINAL ACTION

SULLIVAN, Justice.

The eligibility requirements contained in subsection (c) of the Indiana special prosecutor's statute, Ind.Code § 33-14-1-6, require that a person appointed to serve as a special prosecutor be either the prosecuting attorney or a deputy prosecuting attorney in another county. We hold that this requirement applies at the time of appointment only; a duly appointed special prosecutor whose service ceases as either the...

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