Orr v. State

ON MOTION FOR CLARIFICATION

The petitioner seeks to disqualify the trial judge from presiding over his trial, contending that the judge is prejudiced against him. We disagree and deny the petition.

The petitioner is charged with a felony and a misdemeanor, both of which are now pending before the same trial judge. During a hearing on the misdemeanor case, the state filed a “certification” of non-jury trial. If the trial court had accepted the “certification,” the effect would have been to deprive petitioner of a jury trial in the misdemeanor case in exchange for the trial court’s assurance that…