Opinion
2004-1477.
October 1, 2004.
In Prohibition. This cause originated in this court on the filing of a complaint for a writ of prohibition. Upon consideration pursuant to S.Ct.Prac.R. X(5) and consideration of respondent's motion to dismiss,
IT IS ORDERED by the court that the motion to dismiss is denied and that an alternative writ be, and hereby is, granted, sua sponte.
IT IS FURTHER ORDERED by the court that the following briefing schedule is set for presentation of evidence and filing of briefs pursuant to S.Ct.Prac.R. X:
The parties shall file any evidence they intend to present on or before October 21, 2004; relator shall file his brief within 10 days after the filing of evidence; respondent shall file his brief within 20 days after the filing of relator's brief; and relator may file a reply brief within 5 days after the filing of respondent's brief.
IT IS FURTHER ORDERED by the court that, pursuant to S.Ct.Prac.R. X(6), the October 6, 2004, jury sentencing hearing and all other proceedings at the trial court are stayed pending final determination by this court.