Quince was sentenced to death for the Jan. 3, 1980, murder of Frances Bowdoin. He later learned that his public defender, Howard Pearl, was a special deputy sheriff in Marion County at the time of trial. (See the Herring case, above.) At a hearing on this issue, Quince tried to disqualify the judge, who allegedly had worked with Pearl on Quince's case. The trial court denied the motion and denied all relief. Quince appeals.