State v. Martin

ORDER ASSUMING ORIGINAL JURISDICTION AND ISSUING WRIT OF MANDAMUS TO MAGISTRATE

¶ 1 This is an original proceeding wherein Petitioner requests this Court to issue a writ of mandamus and/or a writ of prohibition to the above-named Respondent, the Honorable David N. Martin, Associate District Judge, as acting magistrate for the Ok-fuskee County District Court. Petitioner’s matter gives rise to the following question: When a defendant has entered a valid waiver of his right to preliminary hearing, must a magistrate nonetheless permit the State to conduct a preliminary hearing if it so demands? We…