Poteat v. King

TERRY, Associate Judge:

Petitioner seeks a writ of mandamus directing respondent, a hearing commissioner of the Superior Court, to reopen his preliminary hearing in order to allow defense counsel to cross-examine a police detective and to call as a defense witness petitioner’s former girl friend, whom counsel believes to be the informant who supplied information to the police leading to petitioner’s arrest. We agree that the preliminary hearing must be reopened for these two purposes, and therefore we vacate respondent’s finding of probable cause. We go no further, however, because we believe…