Opinion
No. 60805.
October 12, 1977.
IN RE: MARK CHRISMAN APPLYING FOR WRITS OF CERTIORARI, REVIEW AND MANDAMUS.
Writ granted. Trial judge ordered to permit Dr. J. Thomas Ungeleider to testify on October 14, 1977, or to allow his deposition to be taken and received in evidence in lieu of his testimony. Thereafter, trial judge should reconsider his rulings on defendant's motions to quash and suppress in view of the additional evidence.
SANDERS, C.J., dissents from the granting of the writ.
SUMMERS, J., dissents from this exparte decree on the question of admissibility of evidence upsetting the ruling of the trial judge. Applicant has an adequate remedy by review in the event of conviction and this court should not interfere with the orderly proceedings in the trial court in the absence of palpable error, irreparable injury of great harm. Neither of these has been shown here.