STATE ex rel. SMITH v. NEUWIRTH

ORDER VACATING DISTRICT COURT ORDER AND REMANDING MATTER TO DISTRICT COURT

T1 On June 23, 2014, Petitioner, by and through Mark R. Stoneman, Assistant District Attorney, filed an application for this Court to assume original jurisdiction for a petition for a writ of prohibition. Petitioner seeks an extraordinary writ prohibiting the Honorable Gerald F. Neuwirth, District Judge, the assigned District Judge in the case of David Payne v. State of Oklahoma, Comanche County Case No. CF-1993-107, from enforcing the order granting post-conviction DNA testing filed on May 27, 2014. The order requires…