Man sues Putnam magistrate for denying a jury trial

By Kyla Asbury | May 24, 2010

WINFIELD -- A man is suing Magistrate Judge Kim M. Blair after he claims she is denying him a jury trial.

On Nov. 1, 2009, John Richard Felker II was arrested and had an initial appearance before Blair by video conference from the Western Regional Jail, according to a complaint filed April 29 in Putnam Circuit Court.

Felker claims a short time later his bail was posted under the condition that he have no contact with the victim, which was his wife, and that he could not return to his home that he shared with his wife.

Felker's pretrial hearing was scheduled for Jan. 11 and a continuation was scheduled for Feb. 23, at which time the State informed Felker that the case would have to be tried, according to the suit. but then learned that the Court was denying Felker's right for a jury trial.

Felker is seeking for the Court to award him a Writ of Prohibition to prohibit Blair from subjecting him to a bench trial and a Writ of Mandamus compelling a jury trial. He is being represented by Mark McMillian.

The case has been assigned to Circuit Judge O.C. Spaulding.

Putnam Circuit Court case number: 10-C-157

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