Miller v. State

¶ 59. I respectfully dissent from the majority’s opinion as I find the trial judge manifestly abused his discretion in failing to disqualify himself due to his previous participation. The current trial judge previously acted as the county prosecutor in the shelter hearing wherein5 the youth court issued a signed order finding jurisdiction and removing the child, and involved the same abuse, victim, and perpetrator as now before the trial judge in the criminal abuse matter. See Miss. Constitution Art. 6, § 165 (“No judge of any court shall preside on the trial of any cause, where the parties…