State v. Lotter

This matter is before us on the motion for rehearing of the appellant, John L. Lotter, regarding our opinion reported at State v. Lotter, ante p. 456, 586 N.W.2d 591 (1998). Lotter claims, in seeking rehearing, that we improperly addressed his claim that an ex parte communication between his trial judge and the prosecution violated his right to an impartial trial court under the Due Process Clause of the 14th Amendment to the U.S. Constitution. This argument was not clearly set forth in Lotter’s appellate brief, but for the sake of completeness, we feel it necessary to address Lotter’s claim.…