Ex Parte Sharpe

We granted certiorari in this case to determine whether the Court of Criminal Appeals erred when it granted Eldon Sharpe's writ of mandamus and dismissed the indictments against him.

On April 21, 1986, Sharpe, the Judge of Probate of Tallapoosa County, was indicted by the Tallapoosa County Grand Jury. He filed with the circuit court a motion to dismiss the indictments, alleging that the indictments had been returned by a special session of the 1986 grand jury that had not been authorized by law. The circuit judge, Robert M. Parker, denied the motion.1

Immediately thereafter, Sharpe filed with…