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Criminal Law : Habeas Relief – Venue Transfer
Stephanie Maniscalco//April 5, 2018//
Listen to this articleWhere the state sought a writ of prohibition to prohibit a trial court from proceeding in defendant’s habeas corpus case, the petition should have been filed in the county in which the defendant was in custody, and the trial court exceeded its custody in refusing to transfer venue of the habeas petition to DeKalb County and in refusing to name the prison warden as the respondent.
Writ made permanent.
State ex rel. Hawley v. Midkiff (MLW No. 71526/Case No. SC96516 – 7 pages) (Supreme Court of Missouri, Draper III, J.; all concur) Original proceeding in prohibition (D. John Sauer and Michael Spillane, Jefferson City, for the attorney general) (Sean O’Brien, Kansas City, Missouri; Tricia Bushnell, Kansas City, Missouri; and Cynthia M. Dodge, Lee’s Summit, for defendant).
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