Tony Bernard Smith, Petitioner v. Honorable L.t. Simes, Circuit Court Judge of Phillips County, Arkansas, Criminal…

Summary

The court denied prohibition but granted certiorari because the circuit court exceeded its authority by disqualifying the elected prosecutor and appointing a special prosecutor without the statutory conditions being met. The court declined to order dismissal of the charges or release Smith because the circuit court retained discretion over the nolle-pros motion and Smith did not show illegal detention. The judicial-bias claim was not considered because Smith failed to preserve it below.