McLaughlin v. District Court of Delaware County

ORDER GRANTING WRIT OF MANDAMUS TO THE HONORABLE SAM C. FULLERTON, DISTRICT JUDGE AND REMANDING FOR FURTHER PROCEEDINGS

Petitioner is charged in Delaware County District Court with three counts of Lewd Molestation in Case No. CF-95-209 and with ten counts of Lewd Molestation in Case No. CF-95-251. On October 6,1995, preliminary hearing was held in both matters. The magistrate invoked the automatic cut-off mechanism, pursuant to 22 O.S.Supp.1994, § 258(6), and discontinued the preliminary hearing once she determined the State had shown probable cause. Although defense counsel *920requested to call…