State Ex Rel. Burns v. Richards

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 S.W.3d 256 (Mo. banc 2002). Having determined that the refusal to disqualify the prosecuting attorney in this case was an abuse of discretion, the…