STATE EX REL JOEDICKE v. MARTINEZ (2018)

PERMANENT WRIT OF MANDAMUS

WHEREAS, it has been represented to the Supreme Court of Missouri on the part of Travis Joedicke, as indicated and set forth in the petition for writ of prohibition or writ of mandamus, that you, the said Honorable Sandra Martinez, have failed to sustain his timely application for change of judge pursuant to Rule 32.07 and have issued a “Warrant for Arrest (Failure to Appear);” and

WHEREAS, “The filing of a timely application for change of judge deprives the court of further authority to do anything in the case other than grant the application.” State ex rel. Manion v. Elliott, 305 S.W.3d 462, 463 (Mo. banc 2010);

NOW, THEREFORE, you, the said Honorable Sandra Martinez, Judge, Circuit Court of St. Francois County, are COMMANDED to sustain Travis Joedicke’s application for change of judge and to quash the “Warrant for Arrest (Failure to Appear),” on or before December 31, 2018. Herein fail not at your peril.

Zel M. Fischer, Chief Justice