Goshen City Court v. State Ex Rel. Carlin

The Goshen City Court denied Janice L. Carlin’s motion for change of judge. She had been charged with illegal consumption of alcoholic beverages on August 25, 1971 while being under twenty-one years of age. A complaint and summons were filed in the Elkhart Circuit Court requesting mandamus relief upon the denied motion for change of judge which relief was granted. The Goshen City Court contends in its motion to correct errors and Reply Brief that:

1. A trial de novo is an adequate remedy; and

2. Concurrent jurisdiction of this offense precludes the circuit court from granting mandamus relief.

The…