Defendant had previously plead guilty but won a hearing to withdraw the plea. During that hearing, the Judge expressed regret about letting the defendant withdraw the plea, and told the defendant his behavior was inappropriate and threatened the defendant if he made any future contact with the victim.
Eventually, the defendant ended up pleading guilty, again, but filed a post-conviction motion challenging counsel’s failure to move for a change of judge. The trial Court denied this motion and the appeals Court affirmed this result.
Timing is everything: had the defendant requested a change of Judge at the hearing, that request probably would have been granted, but waiting to complain about the Judge after pleading guilty is futile.
Phillips v. State, No. 95720 (Mo. App. E.D., September 12, 2011).