IN THE CIRCUIT COURT OF CRAIGHEAD COUNTY, ARKANSAS

STATE OF ARKANSAS    PLAINTIFF

VS    NO. CR 93-450

CHARLES JASON BALDWIN     DEFENDANT

MOTION FOR RECUSAL

     COMES NOW the Defendant, Charles Jason Baldwln, by and through his attorneys, Paul N. Ford and George R. Wadley, Jr., and for his Motion herein, for cause, states:

     1. That on the 19th day of March, 1994, the Defendant was sentenced, and a judgment of conviction was imposed, on three counts of capital murder.

     2. That within ten (10) days of said filing, the Defendant filed a Motion for a New Trial herein alleging, inter alia, that the Prosecutors were guilty of misconduct by participation in an ex parte conversation with the Honorable Judge David Burnett.

     3. That the Defendant would request that the trial Court, the Honorable Judge David Burnett, recuse in this matter so an impartial Court could determine whether or not the prosecution was guilty of misconduct in said ex parte conversation.

     4. That the Arkansas Rules of Evidence prohibit a Judge from being a witness at trial. That in order to fully develop the record on the Defendant's Motion for New Trial, it would be necessary to call the Honorable Judge David Burnett as a witness in order to determine what he said to the Prosecuting Attorneys during said ex parte conversation. That it would be insufficient to allow the Prosecutors themselves to be called as a witness as the words of the Court would be inadmissible as hearsay.

     WHEREFORE, PREMISES CONSIDERED, the Defendant, Charles Jason Baldwin, prays that this Court recuse itself for purposes of determination of the Motion for New Trial filed herein by the Defendant, Charles Jason Baldwin, and for any and all other just and proper relief to which the Defendant may show himself entitled.


Respectfully submitted,

By: Paul N. Ford [signed]
PAUL N. FORD
STATE BAR NO. 87060
REES LAW FIRM
702 N. Missouri
West Memphis, AR 72301
(501) 735-6223

CERTIFICATE OF SERVICE

I, PAUL N. FORD, hereby certify that I have served a copy of the foregoing instrument or pleading upon opposing counsel, as listed below, by placing same properly addressed in the mail with sufficient postage to ensure delivery this 6th day of April, 1994.

Mr. John N. Fogleman
P.O. Box 1666
West Memphis, AR 72301

Mr. Val Price
P.O. Box 3072
Jonesboro, AR 72403

Honorable Judge David Burnett
P.0.Box 702
Osceola, AR 72370

BY: Paul N. Ford [signed]
PAUL N. FORD

Stamped:
Filed
April 7 1994 @ 3:05 p.m.
Pat Fleetwood
Circuit& Chancery Court Clerk