State ex rel. Smith v. Hall
Annotate this CaseJames Smith was indicted on one count of aggravated burglary and one count of rape. Smith was subsequently reindicted on the same two counts, in addition to one count of cocaine possession. Thereafter, the trial court dismissed the earlier indictment. Defendant was found guilty of aggravated burglary and rape. Smith later filed a motion for a new trial, arguing that he received ineffective assistance of counsel because he was convicted on a dismissed indictment. The trial court denied the motion. Smith then filed this original action in the Court of Appeals seeking a writ of prohibition against Judge Michael Hall and his successor, Judge Dennis Adkins, asserting that Judge Hall lacked jurisdiction in his case because his conviction arose from an indictment that had been dismissed prior to trial. The Court of Appeals dismissed Smith’s complaint for a writ of prohibition, determining that a writ of prohibition was not appropriate. The Supreme Court affirmed, holding that Appellant had adequate remedies in the ordinary course of law.
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