State ex rel. Davis v. Lewis

ORIGINAL PROCEEDING IN PROHIBITION

LIMBAUGH, Judge.

Relator James Wendell Davis, the defendant in a felony drug trafficking case, seeks a writ of prohibition to prevent the trial judge, Respondent Kenneth R. Lewis, from proceeding to trial. As grounds for the writ, Relator claims that Judge Lewis has no jurisdiction to proceed because Relator filed a timely application for change of judge pursuant to Rule 32.07. The Court of Appeals, Western District, issued a preliminary writ of prohibition, and, thereafter, this Court granted transfer. We now quash the writ.

I

Relator was charged in the Circuit…