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STATE EX REL. KIRTZ v. DELAWARE CIRCUIT COURT NO. 5

No. 18S00-0909-OR-411.

916 N.E.2d 658 (2009)

STATE of Indiana ex rel. Adrian D. KIRTZ, Relator, v. The DELAWARE CIRCUIT COURT NO. 5 and the Hon. Thomas A. Cannon, Jr., as Judge Thereof, Respondents.

Supreme Court of Indiana.

November 13, 2009.

Attorney(s) appearing for the Case

Jacob Dunnuck, Muncie, IN, Attorney for Relator.

Gregory F. Zoeller, Attorney General of Indiana, Cynthia Ploughe, Deputy Attorney General, Indianapolis, IN, J.A. Cummins, Special Prosecutor, Selma, IN, Attorneys for Responding party.

PER CURIAM.

On October 16, 2009, this Court granted the Relator, Adrian D. Kirtz, relief by issuing a permanent writ of mandamus and prohibition requiring the Respondents, the Delaware Circuit Court No. 5 and the Honorable Thomas A. Cannon, Jr., the judge thereof, to vacate the order appointing J.A. Cummins as special prosecutor in the criminal case pending below against Kirtz and to appoint a different person to serve...

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