STATE EX REL. O'BRIEN v. MURPHY

No. 42077.

592 S.W.2d 194 (1979)

STATE of Missouri ex rel. Daniel O'BRIEN, Relator, v. Honorable Stanley J. MURPHY, Judge, 24th Judicial Circuit, State of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

November 27, 1979.


Attorney(s) appearing for the Case

Lee, O'Hanlon & Brady, Robert J. O'Hanlon, St. Louis, for relator.

John W. Reid, II, Pros. Atty., Fredericktown, for respondent.

John Ashcroft, Atty. Gen., and Steven W. Garrett, Asst. Atty. Gen., Jefferson City, for amicus curiae.


GUNN, Judge.

Relator's action in prohibition seeks to bar respondent circuit court judge from presiding at a probation revocation hearing following his denial of relator's motion for disqualification.

The proceedings had their origin when respondent accepted relator's pleas of guilty to charges of burglary and stealing on September 1,1977. Imposition of sentence was suspended and relator was placed on probation for five years. A probation revocation hearing...

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