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STATE EX REL. BURNS v. RICHARDS

No. SC 88709.

248 S.W.3d 603 (2008)

STATE ex rel. Heidi Parker BURNS, Petitioner, v. The Honorable William S. RICHARDS, Respondent.

Supreme Court of Missouri, En Banc.

April 1, 2008.

Attorney(s) appearing for the Case

G. Spencer Miller, Maryville, for petitioner.

Sydney F. Weybrew, Jr., Office of Prosecuting Atty., Oregon, for respondent.

STEPHEN N. LIMBAUGH, JR., Judge.

Relator, the defendant in a criminal case pending in Holt County, petitions this Court to prohibit Judge Richards from proceeding with the case because of his refusal to sustain defendant's motion to disqualify the prosecuting attorney. A writ of prohibition is an appropriate remedy where a judge's refusal of a motion to disqualify counsel amounts to an abuse of discretion. State ex rel. Kinder v. McShane, 87...

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