State Ex Rel. Dillavou v. Foster

Petitioner, in an original proceeding in this court, seeks a writ of mandamus requiring respondent circuit judge to release him from the Lake County jail. ① We issued an alternative writ of mandamus, directing respondent to either release petitioner or show cause for not doing so. Respondent demurred to the writ. We ordered the sheriff of Lake County to release petitioner pending our final determination of the issue raised by the demurrer to the writ.

Petitioner was convicted of criminal activity in drugs. Judge Foster, respondent in the present proceeding, entered a judgment of conviction on…