STATE EX REL. IMBODEN v. ROMINES

No. 54898.

760 S.W.2d 130 (1988)

STATE of Missouri, ex rel., Jeffrey IMBODEN, Relator, v. Honorable Kenneth ROMINES, Judge of the Circuit Court of St. Louis County, Division No. 10, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Application to Transfer Denied November 15, 1988.


Attorney(s) appearing for the Case

Joseph M. Hadican, Mary E. Ott, Clayton, for relator.

Thomas J. Mehan, Asst. Pros. Atty., Clayton, for respondent.


SATZ, Judge.

Relator, Jeffrey Imboden, (Imboden) seeks our writ to prohibit the respondent judge from "enforcing sentences for contempt of court." The specific relief Imboden actually seeks is for us to order respondent to vacate the sentences for contempt. This relief is more appropriately obtained by mandamus than prohibition. The procedural distinction between mandamus and prohibition, however, "is at best blurred, at worst nonexistent, and the subject matter to...

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