State v. Scales

The opinion of the court was delivered by

Davis, J.:

This case arises from the January 29, 1995, homicide of Kevin Covington in Reno County. The question we must decide on grant of review is whether the defendant was denied a fair sentencing hearing because of the court’s ex parte meeting with the family of the homicide victim and because of the court’s ex parte consideration of a petition requesting the imposition of a harsh punishment. We conclude that the defendant was denied a fair sentencing hearing; therefore, we vacate the sentences and remand for sentencing before a different judge.

The…