Rex v. Sullivan

Petitioner Rex was charged with attempted second-degree murder, second-degree kidnapping and sexual assault on a child. He sought to compel the attendance of the alleged victim of the crime, a seven-year-old girl, at a preliminary hearing, but the respondent judge quashed the subpoena on the district attorney’s motion. In this original proceeding in the nature of mandamus, the petitioner challenges that ruling. We issued a rule to show cause why we should not vacate the respondent judge’s order to quash the subpoena. Both parties have responded. We hold under the facts here that the…