SMULLS v. STATE

No. SC 81205.

10 S.W.3d 497 (2000)

Herbert SMULLS, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing February 8, 2000.


Attorney(s) appearing for the Case

William J. Swift, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.

Robert Popper, Burnele V. Powell, Ellen Suni, Kansas City, Christine B. Hickman, San Diego, CA, for amicus curiae.


ANN K. COVINGTON, Judge.

Herbert Smulls, appellant, appeals from his Rule 29.15 hearing denying post-conviction relief. He challenges, among other issues, the ability of any judge in St. Louis County, including the judge who presided over his Rule 29.15 proceeding, to conduct the proceeding fairly and impartially. The judgment is reversed and the cause remanded.

In State v. Smulls, 935 S.W.2d 9 (Mo. banc 1996), this...

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