Penney v. State

Pope, Judge.

Ray Michael Penney appeals the revocation of his probation. We affirm.

1. On April 2,1980 appellant filed a motion to disqualify Judge Asa D. Kelley, Jr., from presiding in this matter. The motion set forth as grounds that Judge Kelley and others had been named as defendants in a federal suit instigated by appellant and others which sought to enjoin Judge Kelley from pursuing a practice of jailing persons accused of probation violations without affording them “a preliminary hearing or bail or a prompt hearing after their arrests.” Appellant asserted that as a result of the federal…