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Re: Checking on a lawyer!

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  • Tamara
    I ve never heard of the guy before, but here s a summary of the Missouri Supreme Court case: SC86016 State ex rel. Richard A. Cuthberton v. The Honorable John
    Message 1 of 4 , Jan 4, 2005
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      I've never heard of the guy before, but here's a summary of the Missouri Supreme Court case:

      State ex rel. Richard A. Cuthberton v. The Honorable John Jacobs
      Ozark County
      Conflict between local rule and Supreme Court rule allowing for change of judge

      In December 2003 in Ozark County, Richard Cuthberton was charged with five misdemeanor counts. He made his initial court appearance before Judge John Jacobs. At that time, a plea of not guilty essentially was entered, and his case was set for trial. Cuthberton sought a trial by a jury. The motion was granted, and the case was transferred to circuit court. Pursuant to a local rule requiring the associate circuit judge who started with a case to be assigned to remain with the case even after a jury trial is granted, Cuthberton's case was set for a jury trial before Judge Jacobs. Cuthberton subsequently filed a motion for a change of judge, which the court overruled. He now seeks a writ requiring the court to grant his request.

      Cuthberton argues that Judge Jacobs lacks jurisdiction to preside over his trial. He contends the plain meaning of Rule 32.07 allows a defendant to apply for a change of trial judge within 10 days of the designation of that judge if that designation occurs more than 10 days after the initial plea is entered. He asserts that, if such a motion for change of judge is filed timely, Rule 32.07 requires the judge to sustain the motion promptly. Cuthberton argues that, to the extent the court is interpreting a local circuit court rule to "pre-designate" the associate circuit judge to preside over any misdemeanor jury trial, such an interpretation is misplaced. He contends that he should have 10 days from the designation of the trial judge to file his motion, even where the trial judge assigned also was the associate circuit judge who presided over the entry of the plea. He asserts that such an interpretation is prohibited by Rule 32.07, is unduly burdensome to a defendant, and is inconsistent with Supreme Court rules and well-established law.

      The state responds that neither a writ of mandamus nor of prohibition should be granted. It argues Cuthberton's application for a change of judge was untimely because it was not filed 10 days after Judge Jacobs initially was designated as the judge. The state contends the local rule requires that a case set for jury trial be transferred to the associate division of the circuit court and that the certifying associate circuit judge be assigned to follow the case and remain the trial judge. The state asserts that the court's interpretation of the local rule as not constituting a new appointment of a trial judge is correct. It responds that the rule is a standing order and does not unduly create a burden on a defendant. The state argues that, if a writ were to issue, its effect would be to create a special rule for change of judge that pertains only to circuits in which jury trials are not held in associate division courtrooms or in which centralized filing systems are not used.

      If you have Adobe Acrobat on your computer, you can access the briefs at http://www.courts.mo.gov/SUP/index.nsf/fe8feff4659e0b7b8625699f0079eddf/d1cbd24e96247a1086256f1d0076f428?OpenDocument . It looks pretty doggone boring to me because it just involves procedure in a five-count misdemeanor case, so I'm not sure about him riling people up. Since he claims the judge had no jurisdiction to hear the case, I assume he lost at trial level on the charges.

      You can also contact the Missouri Supreme Court if you want hard copies of the briefs. It's on the web at http://www.courts.mo.gov/sup/index.nsf. Their phone number is 573-751-4144; their fax is 573-751-7514. That's pretty expensive though, because courts generally charge a per-page fee.

      Brandon has no Martindale entry, but that's not unusual for public defenders.


      ----- Original Message -----
      From: rlbaty@...
      To: Maury_and_Baty@yahoogroups.com
      Sent: Tuesday, January 04, 2005 9:38 PM
      Subject: Checking on a lawyer!

      I was invited to join Nelta's recently started list at:


      I think it has public archives.

      I got off to a pretty good start and helped some folks there was some
      basic factual information that was in dispute.

      Along the way, a former antagonist of mine got wound up as if to derail
      my efforts.

      He's a public defender out of Ava, Missouri. His name is Robert H.
      Brandon. He recently boasted of having argued a case before the
      Missouri Supreme Court, and losing.

      I haven't been able to get him to post any of his cases for reference.
      He boasted of using "rile-them-up" tactics to win cases.

      I'm just wondering if anyone might be able to get some more information
      about his activities as a lawyer and post here for reference. I think
      he practiced law in another state before moving to Missouri (it may be
      in the archives somewhere).

      Any help in getting publicly available information on Robert H. Brandon
      would be appreciated. I would kinda like to know more about the fellow
      that has hounded me on so many lists (though I have typically beat him
      down on those matters I have chosen to discuss, notwithstanding his
      efforts to believe otherwise).

      Robert Baty

      [Non-text portions of this message have been removed]
    • rlbaty50
      And so I followed up with: http://groups.yahoo.com/group/Christians_and_War/message/242 http://groups.yahoo.com/group/Christians_and_War/message/243 Sincerely,
      Message 2 of 4 , Jan 5, 2005
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