State Ex Rel. O'Brien v. Murphy

GUNN, Judge.

Relator’s action in prohibition seeks to bar respondent circuit court judge from presiding at a probation revocation hearing following his denial of relator’s motion for disqualification.

The proceedings had their origin when respondent accepted relator’s pleas of guilty to charges of burglary and stealing on September 1,1977. Imposition of sentence was suspended and relator was placed on probation for five years. A probation revocation hearing was held in January, 1979 after which respondent found that relator had violated the terms of his probation in that he had since pleaded…