Yates v. Wall

ORDER

The applicant, Russell Yates, appeals from the denial of his application for post-conviction relief. On appeal, the applicant challenges the constitutional authority of the Superior Court magistrate to preside at the postconviction-relief hearing. He further contends that the magistrate improperly refused to recuse himself due to his bias against the applicant, and that the magistrate erred in denying the applicant’s motion for default judgment. For the reasons hereinafter stated, the applicant’s appeal is denied.

On December 21, 1989, applicant pleaded nolo contendere to an eleven-count…