Morgan v. State

OPINION

CORNISH, Judge:

Petitioner seeks a writ of prohibition from this Court barring the respondents from entertaining further proceedings under Rule VI. The central issue is whether notice of intent to appeal in open court at the time of the ruling or order of the magistrate is essential to the invocation of Rule VI review by the State. Upon consideration of the briefs of the parties, and the presentations at oral argument, we conclude that the writ should be granted.

Petitioner, Phil Morgan, was charged in Cleveland County District Court, Case No. CRF-83-570, with Unlawful Disposal of…