Legal Opinion

STATE, EX REL. KEMPER v. Cundiff

Missouri Court of Appeals

Decided June 27, 2006No. ED 88102PublishedCited by 3 opinions

1Opinion of the Court

OPINION

MARY K. HOFF, Presiding Judge.

Dean H. Kemper (Relator) filed a Petition for Writ of Mandamus or in the Alternative a Writ of Prohibition (petition) to compel the Honorable Terry R. Cundiff (Respondent) to recuse himself from Relator’s case and to transfer the case for assignment to another judge. This Court granted a preliminary order in prohibition and directed Respondent to file an answer. Respondent is in default. In accordance with Rule 84.24, the Court dispenses with further briefing and oral argument. The preliminary order is made absolute.

Facts

The State charged Relator with two…

2Cases cited4 opinions

  1. State Ex Rel. Raack v. KohnSupreme Court of Missouri · 1986
  2. State Ex Rel. Mountjoy v. BonackerMissouri Court of Appeals · 1992
  3. State v. RuloMissouri Court of Appeals · 2005
  4. State ex rel. Joyce v. BakerMissouri Court of Appeals · 2004

3Cited by3 opinions

  1. State v. FordMissouri Court of Appeals · 2011
  2. Born v. BanasMissouri Court of Appeals · 2014
  3. Thea Marie Born, Relator v. Honorable John "Jack" Banas, Associate Circuit Court Judge, Division 3, 11th Judicial Circuit, Saint Charles County, MissouriMissouri Court of Appeals · 2014

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