Overstreet v. State

CARLTON, J„

for the Court.

¶ 1. Gary W. Overstreet appeals from the dismissal of his post-conviction relief motion alleging that Circuit Court Judge Robert Helfrich should have recused himself from ruling on Overstreet’s post-conviction relief motion because Judge Helf-rich acted as a prosecutor at his guilty plea hearing. Finding merit in Overstreet’s assignment of error, we reverse the circuit court’s judgment and remand the case for further proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

¶ 2. On May 15, 1996,- Overstreet pled guilty in the Forrest County Circuit Court to…