State v. Sawyer

After a jury trial, Defendant, a prisoner, was convicted of criminal threat for yelling at a pizza delivery person. The jury trial was held before Judge John McNally, who had presided over three cases involving Defendant. Defendant sought Judge McNally's recusal, but Judge McNally declined to recuse. After his conviction, Defendant appealed. The court of appeals affirmed. The Supreme Court reversed and remanded, holding (1) the probability of actual bias in this case was too high to be tolerable under the due process clause; and (2) the judge did not err in giving the jury a permissive inference instruction. View "State v. Sawyer" on Justia Law