State ex rel. Redden v. Van Hoomissen

The state has petitioned for a rehearing from our determination that the time within which the state may seek to mandamus a judge to retract an order granting a new trial in a criminal case is limited to 30 days, the same length of time within which to take a criminal appeal. The state now contends that the 30-day period was an insufficient length of time within which to apply for a writ because it could not get a transcript of the proceeding in the trial court in that length of time.

The transcript involved was not of the trial of the case but was of the hearing on the motion for a new trial.…