State ex rel. State v. Honorable Hummel (Signed Opinion)
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The Supreme Court granted a writ of prohibition requested by the state arguing that the circuit court exceeded its authority in ordering the dismissal of indictments against Michael Daniel Bowman, holding that the State was entitled to the writ.
Bowman was convicted of five sexual offenses including sexual abuse by a custodian. Bowman later filed a petition for a writ of habeas corpus. The circuit court rejected Bowman's argument as to why the indictments against him were defective but sue sponte found "fatal flaws" with the grand jury proceedings. The circuit court then ruled that Bowman's convictions were null and void and ordered that the indictments be dismissed with prejudice. The state then filed this original jurisdiction proceedings. The Supreme Court granted the requested relief and ordered that Bowman's convictions be reinstated, holding that absent any allegations of willful, intentional fraud, the circuit court had no authority to look behind the indictments, and the circuit court's inquiry should have ceased.
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