351 S.W.3d 236
Mo. Ct. App.2011Background
- Ford was charged with two counts of first-degree murder and two counts of armed criminal action for shootings on March 23, 2009.
- Indictment occurred on September 23, 2009; arraignment on September 30, 2009 before Judge Ross, with case assigned to Division 20 for Judge Dolan.
- A settlement conference was scheduled multiple times between Oct 2009 and Mar 2010.
- Ford moved for recusal/disqualification in March 2010; Judge Dolan denied the motion and then denied a Rule 32.07 change of judge in April 2010.
- Case was set for trial for September 20, 2010; Ford was convicted by a jury of two murder counts and two armed criminal action counts, with sentences imposed concurrently as life without parole for each murder and 30 years for each armed action.
- Ford challenged the denial of his change-of-judge motions on appeal, arguing timeliness under Rule 32.07.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of change-of-judge motion under Rule 32.07(b) | Designation occurred Sept. 30, 2009; filing after 10 days was untimely. | Designation occurred Apr. 23, 2010; filings were timely. | Designation occurred Sept. 30, 2009; motions untimely; no abuse of discretion. |
Key Cases Cited
- State ex rel. Kemper v. Cundiff, 195 S.W.3d 445 (Mo.App. E.D.2006) (liberal disqualification doctrine)
- State v. Rulo, 173 S.W.3d 649 (Mo.App. E.D.2005) (right to disqualify virtually unfettered)
- Breazeale v. Kemna, 854 S.W.2d 631 (Mo.App. W.D.1993) (designates trial judge when trial date is set; timing rule)
- Cover v. Robinson, 224 S.W.3d 36 (Mo.App. W.D.2007) (designated timing under Rule 51.05(b) analogous to 32.07)
- State ex rel. Cravens v. Nixon, 234 S.W.3d 442 (Mo.App. W.D.2007) (interpretation of timing rules; do not add words)