Be Kind in the Blind.

Duck Hunting Incident Makes Defendant Ask For New Judge

Saturday, April 29, 2006
By LISA BOSE McDERMOTT Texarkana Gazette

A Fouke, Ark., native wants a new judge in his capital murder case because he thinks a duck hunting argument many years ago will work against him in court, but Circuit Judge Jim Hudson isn’t so sure he is going to step down.
Edward Ray Burgess, 43, who lives in Hot Springs, Ark., is to go on trial for capital murder in the death of Francis “Frank” Cullinan, 38.

The dispute, according to motions and briefs filed on Burgess’ behalf, center around duck hunting rights. Burgess says the decade-old exchange became somewhat heated.

The defendant is concerned that there may be times that the judge will rule on motions and other matters and his conduct of a trial in which he will reflect back on the controversy that he had with the defendant and the defendant’s hunting party. This has the potential for the judge to recall an unpleasant event and that his rulings and his conduct at trial could be affected by his own personal experiences with the defendant,” according to Hurst’s brief.