State v. Midkiff

By a memorandum to counsel two questions were noted, and counsel were requested to express their views as to whether Justices Cassidy and Lewis are disqualified to sit in this case under R.L.H. 1955, § 213-3 (a), as amended, which provides that no person shall sit as a judge in any case “in which he has been of counsel * * In reply to the memorandum counsel were in agreement that Justice Cassidy is not disqualified, and that Justice Lewis is not disqualified by reason of the first question presented. This opinion concerns the second question, which is whether Justice Lewis is disqualified…