Shumpert v. State

Eric Van Webb Shumpert petitions for prohibition relief from the denial of his motion to disqualify the circuit judge presiding' over his criminal prosecution. We granted the petition in an earlier unpublished order and issue this opinion to explain that decision.

According to his affidavit in support of the motion to disqualify, Shumpert entered pleas of guilty to two felonies in August and a sentencing date was deferred until October 1997. Prior to sentencing, his attorney discovered in the court file an unsigned and undated order imposing a departure sentence of twenty years. Sehumpert…