State Ex Rel. Redden v. Van Hoomissen

This is an original proceeding in mandamus brought by the state against a circuit court judge to compel him to vacate an order granting a new trial in a criminal case. One Robinson was convicted of robbery in the second degree in a jury trial before defendant. Thereafter, Robinson filed a motion for a new trial which was granted by defendant by an order entered March 4, 1977. An application for a writ in this court was made by the state on May 10, 1977, and an alternative writ issued to which defendant filed affirmative defenses, one of which was that of laches.

Assuming that a proceeding in…