Missouri Court of Appeals, Southern District / Date unavailable
STATE OF MISSOURI ex rel. CATHERINE HANAWAY, Relator v. THE HONORABLE JAMES R. BICKEL, ET AL., Respondents
Relator Catherine Hanaway sought a writ of prohibition against Respondent Judge James R. Bickel to prevent him from proceeding in a criminal case and to vacate an order granting Defendant David Smock's motion for change of judge. The appellate court made the preliminary writ permanent. It held that the trial court exceeded its authority by granting the change of judge because Defendant had previously obtained a change of venue without simultaneously requesting a change of judge, which is required by Rule 32.08(a). The case was ordered to be returned for reassignment to Judge Fisher.