STATE EX REL. HAWLEY v. SPEAR

WD 81140.

544 S.W.3d 267 (2018)

STATE of Missouri, EX REL. Joshua D. HAWLEY, Relator, v. The Honorable Bart SPEAR, Circuit Judge of DeKalb County, and, Julie Whitsell, Circuit Clerk DeKalb County Circuit Court, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 27, 2018.

Application for Transfer Denied May 1, 2018.


Attorney(s) appearing for the Case

Patrick J. Logan , Jefferson City, for relator.

Kent E. Gipson , Taylor L. Rickard , Kansas City, for Respondents.

Before Writ Division: Lisa White Hardwick, Presiding Judge, Victor C. Howard and Cynthia L. Martin, Judges.


This is an original proceeding in certiorari to review the record in the case of Embrey v. Pash, Circuit Court of DeKalb County, Missouri, Case No. 17DKCC00073. In that case, the Honorable Bart Spear ("the habeas court") issued a writ of habeas corpus to Donnie Embrey ("Embrey") on October 5, 2017. Following...

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