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  5. 874 S.W.2d 403 (1994)
 

STATE EX REL. DAVIS v. SHINN

Nos. WD 48308, WD 48383.

874 S.W.2d 403 (1994)

STATE ex rel. Chad Rendell DAVIS, Relator, v. The Honorable David W. SHINN, Respondent. STATE of Missouri ex rel. Jeremiah W. NIXON, Relator, v. The Honorable David W. SHINN, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 29, 1994.

Application to Transfer Denied May 26, 1994.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., David B. Cosgrove, Robert J. Ahsens, Asst. Attys. Gen., Jefferson City, for relators.

John Bailey, Capital Public Defender, Patrick J. Berrigan, Asst. Public Defender, Kansas City, for respondent.

Before SPINDEN, P.J., and LOWENSTEIN and BERREY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 29, 1994.

SPINDEN, Presiding Judge.

Immediately before the murder trial of Chad R. Davis began on September 14, 1993, the Honorable David W. Shinn, Judge, prohibited the state from seeking the death penalty. Earlier, he refused to grant Davis' motion to quash the state's notice of intent to seek the death penalty on the ground that the state's notice was filed late. Both matters became the...

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