Smulls v. State

ANN K. COVINGTON, Judge.

Herbert Smulls, appellant, appeals from his Rule 29.15 hearing denying post-conviction relief. He challenges, among other issues, the ability of any judge in St. Louis County, including the judge who presided over his Rule 29.15 proceeding, to conduct the proceeding fairly and impartially. The judgment is reversed and the cause remanded.

In State v. Smulls, 935 S.W.2d 9 (Mo. banc 1996), this Court reviewed appellant’s motion to disqualify the trial judge, Judge Corrigan, from presiding over appellant’s Rule 29.15 hearing. ' This Court held that the judge erred in…