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STATE EX REL. BATES v. REA

No. 20684.

922 S.W.2d 430 (1996)

STATE of Missouri ex rel., Gregory BATES, Relator, v. The Honorable Peter REA, Judge, Circuit Court of Taney County, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

May 16, 1996.

Attorney(s) appearing for the Case

David N. Shuler, Springfield, for relator.

Richard W. Mason, Richard W. Mason, P.C., Kansas City, for respondent.

ORIGINAL PROCEEDING IN PROHIBITION

PREWITT, Judge.

Following Relator's petition in prohibition, this Court entered a preliminary order in prohibition. Relator contended that Respondent Judge improperly refused to disqualify following Relator's filing of two motions to do so.

Respondent counters that the initial motion was filed after evidence was heard, and thus Relator waived the filing of the motion to disqualify. Respondent also asserts that Relator...

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