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STATE EX REL. McELROY v. ANDERSON

No. 60386.

813 S.W.2d 128 (1991)

STATE of Missouri, ex rel. George McELROY, et al., Relators, v. John L. ANDERSON, Judge Twenty-Third Judicial Circuit, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

August 13, 1991.

Attorney(s) appearing for the Case

George B. McElroy, III, Pros. Atty., Steven W. Jerrell, Asst. Pros. Atty., Hillsboro, for relators.

Marc B. Fried, District Defender, Hillsboro, for respondent.

SMITH, Presiding Judge.

In the underlying case, State v. Barry James Cherry, the respondent has ordered Candace Welch, the assistant prosecuting attorney responsible for the case, disqualified from representing the state solely on the basis that she is not a resident of Jefferson County. No dispute exists that Ms. Welch is not a resident of the County. Relators, the prosecuting attorney of Jefferson County, and Ms...

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