DOUBLE JEOPARDY not violated by prosecution for deliberate homicide by direct liability following reversal of conviction for erroneous submission of accountability theory… Mercer affirmed on petition by Defendant for supervisory control. [Read more…]
Subpoenas duces tecum, clerk v. judge
SUBPOENAS DUCES TECUM: Supervisory control of Ulbricht denied as to denial of subpoenas for records pertaining to victim in justifiable force homicide case, statewide inconsistent construction/application of §§ 46-15-101 & 106 (subpoenas issued by judge v. clerk of court) more appropriate on appellate review. . . order. [Read more…]