Macon murder case has new judge after Simms steps aside

The judge who removed the attorney for a Macon man charged in a gas station killing has now disqualified himself from the case.

Meanwhile, another judge who put that attorney on a contempt-of-court notice has assigned himself the murder case.

In an order issued Thursday, Bibb County Superior Court Judge Howard Simms said he voluntarily recused himself now “that the defendant’s right to effective representation has been provided for.”

In a Sept. 17 order, Simms deemed attorney Veronica Brinson’s representation of Frank Reeves “ineffective” and replaced her with a public defender.

He also ordered Brinson not to file any more documents in the case, but she has since submitted several -- including permission to file an appeal of Chief Judge Tripp Self’s decision not to disqualify Simms from presiding in the Reeves’ case because of an alleged bias.

Those filings led in part to Self’s placing Brinson on notice of contempt of court. That notice came at the end of an order Wednesday denying permission to appeal his ruling on Simms.

Reeves, 74, who is confined to a wheelchair, is charged with murder in the Dec. 4, 2012, slaying of 65-year-old Linda Hunnicutt outside the Murphy Express on Gray Highway.

In Thursday’s order, Simms said he withdrew as presiding judge “to eliminate any possible inference(s) of bias and to ensure that the process constitutionally afforded to (Reeves) can move forward expeditiously.”

Later the same day, Self issued an order assigning the case to himself, court records show.

Brinson, who could not be reached for comment Thursday, is expected to face a hearing before Self on why she should not be cited for contempt of court.

“I know justice will prevail,” Brinson previously told the Telegraph. “My desire is to have access to the appellate courts. I will not get justice in Bibb County Superior Court. The leadership will back Judge Howard Simms. That’s the way business is done here.”

She has filed a notice of appeal to the state Supreme Court pertaining to her removal from Reeves’ case.

This story was originally published September 25, 2014 at 1:13 PM with the headline "Macon murder case has new judge after Simms steps aside ."