State ex rel. Courtney v. Superior Court of Marion County

PIVARNIK, Justice.

On March 23, 1988, this court conducted a hearing on a Temporary Writ of Mandate and Prohibition. The temporary writ was denied on that date and we now deny the application for a permanent writ.

Relator Thomas Courtney was charged with child molestation. His trial commenced on January 19, 1988. The jury retired for deliberations about 3:00 p.m., on January 21, 1988, and all instructions were sent to the jury room. At 4:00 p.m., the jury sent a request to view certain evidence. Pursuant to the court’s instructions the bailiff called both attorneys. Relator’s counsel objected…