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STATE EX REL. W.A. v. MARION COUNTY SUPER. COURT

No. 49S00-9803-OR-154

704 N.E.2d 477 (1998)

STATE of Indiana ex rel. W.A., Relator, v. The MARION COUNTY SUPERIOR COURT, JUVENILE DIVISION, and the Honorable Carol Orbison, as Magistrate Thereof, and the Honorable James W. Payne, as Judge Thereof, Respondents.

Supreme Court of Indiana.

December 31, 1998.

Attorney(s) appearing for the Case

Daniel C. Schroeder, Indianapolis, for Relator.

Katherine A. Cornelius, Indianapolis, for Amicus Curiae Marion County Public Defender Agency, Appellate Division.

James W. Payne, Judge, Indianapolis, for Respondent.

James A. Masters, Harold E. Brueseke, South Bend, for Amicus Curiae Indiana Council of Juvenile and Family Court Judges.

SHEPARD, Chief Justice.

Relator W.A. is a juvenile who seeks to invoke the original jurisdiction of this Court for a writ of mandamus. The writ would compel the respondent Marion Superior Court, Juvenile Division, by its Judge the Honorable James W. Payne, to release W.A. from home detention and remove all conditions from his release status.

On February 5, 1998, the Marion County Prosecutor filed a petition to declare W.A. delinquent. The petition alleged...

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