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STATE EX REL. HORN v. RAY

No. ED 94968.

325 S.W.3d 500 (2010)

STATE of Missouri ex rel. Wendy Wexler HORN, Prosecuting Attorney, St. Francois, County, Missouri, Relator, v. The Honorable Thomas RAY, Circuit Court, St. Francois County, Twenty-Fourth Judicial Circuit, Associate Division III, Respondent.

Missouri Court of Appeals, Eastern District, Writ Division Two.

Motion for Rehearing or Transfer to Supreme Court Denied November 19, 2010.

Application for Transfer Denied December 21, 2010.

Attorney(s) appearing for the Case

Joseph J. Lanter , Farmington, MO, for relator.

Carl D. Kinsky , Ste. Genevieve, MO, for respondent.

LAWRENCE E. MOONEY, P.J.

The relator, the prosecuting attorney for St. Francois County ("the State"), petitioned this Court for a writ of prohibition, requesting that the respondent, the Honorable Thomas Ray, be restrained from denying the State's motion to disqualify counsel Carl Kinsky from simultaneously representing both the defendant and his alleged victim (collectively "the clients") in the State's prosecution of the defendant for second-degree domestic assault...

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