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STATE EX REL. MANION v. ELLIOTT

No. SC 90222.

305 S.W.3d 462 (2010)

STATE ex rel. Skylar M. MANION, Relator, v. The Honorable R. Brent ELLIOTT, Respondent.

Supreme Court of Missouri, En Banc.

As Modified March 23, 2010.

Attorney(s) appearing for the Case

Robert E. Sundell, Anderson & Sundell, P.C., Maryville, for Relator.

Chris Koster, Attorney General, Jayne T. Woods, Assistant Attorney General, Jefferson City, Andrea Gibson, Prosecuting Attorney, Gallatin, for Respondent.

WILLIAM RAY PRICE, JR., Chief Justice.

I. Introduction

Skylar Manion moved for a change of judge for his probation revocation hearing. The Honorable R. Brent Elliott ("Respondent") denied the motion. Manion applied to this Court to prohibit Respondent from proceeding, and a preliminary writ in prohibition issued.

Because probation revocation is a civil proceeding, a request for a change of judge is governed by Rule 51.05. Rule 51.05 provides for...

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