Supreme Court of Missouri / Feb 14, 2023
State ex rel. Andrew Bailey, Relator, vs. The Honorable Robin E. Fulton, Respondent.
The Attorney General sought a writ of prohibition against Judge Robin E. Fulton, arguing that the Washington County prosecuting attorney lacked statutory authority under section 547.031 to file a motion to vacate Michael Politte's murder conviction. Politte was originally charged in Washington County but convicted in St. Francois County after a change of venue. The Missouri Supreme Court made the preliminary writ permanent, holding that section 547.031 permits only a prosecuting attorney in the jurisdiction of conviction to file such a motion. Consequently, the circuit court was ordered to dismiss the Washington County prosecuting attorney's motion.