State Ex Rel. Webb v. McCarty

Defendant below Marjorie Webb petitions the Court for a writ of prohibition, or in the alternative, a writ of mandamus and a motion for stay, to prevent the Circuit Court of Roane County from trying her on a charge of third offense shoplifting before allowing her to complete a psychiatric evaluation. Webb also challenges the validity of two prior shoplifting convictions. We agree that Ms. Webb should be able to complete her psychiatric examination before proceeding to trial and grant the writ of prohibition directing the court to require the examination.

I

BACKGROUND

On May 28, 1999, Marjorie…