State v. Kirby

Supreme Court of Arkansas

State v. Kirby

470 S.W.2d 590, 251 Ark. 7

CourtSupreme Court of Arkansas

DecidedSeptember 20, 1971

Docket5-5714

StatusPublished

Cited by1 cases

This text of 470 S.W.2d 590 (State v. Kirby) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Kirby, 470 S.W.2d 590, 251 Ark. 7 (Ark. 1971).

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Opinion

John A. Fogleman, Justice.

For the reasons set out in our supplemental opinion in State of Arkansas v. George, No. 5-5671, the temporary writ issued in this cause is made permanent. It is only because of compelling public policy that we cannot sustain the exchange of circuits arranged by the regular Circuit Judge of Pope County. There has not been the slightest suggestion or intimation of any partiality on the part of the experienced circuit judge named as the respondent or that he is himself disqualified for any reason. Our action is in nowise premised on any showing or apprehension of prejudice or disqualification on his part and is not to be taken as a reflection on his ability to have acted impartially in the premises.

Byrd, J., not participating.

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John A. Fogleman, Justice.

For the reasons set out in our supplemental opinion in State of Arkansas v. George, No. 5-5671, the temporary writ issued in this cause is made permanent. It is only because of compelling public policy that we cannot sustain the exchange of circuits arranged by the regular Circuit Judge of Pope County. There has not been the slightest suggestion or intimation of any partiality on the part of the experienced circuit judge named as the respondent or that he is himself disqualified for any reason. Our action is in nowise premised on any showing or apprehension of prejudice or disqualification on his part and is not to be taken as a reflection on his ability to have acted impartially in the premises.

Byrd, J., not participating.

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Bluebook (online)

470 S.W.2d 590, 251 Ark. 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kirby-ark-1971.

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