Bartlett v. Caldwell

Hunt, Chief Justice.

Jerel Herschel Bartlett asked the magistrate to issue an arrest warrant against Deborah Ann Horning for false swearing in connection with an affidavit she submitted in their ongoing divorce action. The magistrate denied the warrant application. Subsequently, Bartlett filed a petition for writ of mandamus against the magistrate and the district attorney, who had indicated that he did not prosecute false swearing cases, seeking to compel Horning’s arrest for false swearing. The superior court denied the writ of mandamus. Bartlett appeals, and we affirm.

A magistrate has…