State v. Shelton
Annotate this CaseThe Supreme Court affirmed Defendant’s conviction of fourth-degree rape, holding that the circuit court had jurisdiction to enter the judgment even where Defendant did not receive a preliminary hearing after the State filed an amended information. The State filed the amended complaint and information to correct a clerical error in the original indictment. Defendant was not advised of his right to a preliminary hearing, nor did he receive one, but Defendant failed to object. The Supreme Court affirmed, holding (1) while the judge erred by continuing to preside over this matter after he deemed himself disqualified under the Code of Judicial Conduct, the error was harmless; and (2) Defendant waived the issue relating to a preliminary hearing when he failed to object before trial.
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