Green v. State

Although I am compelled to agree with the majority opinion that Adams v. State requires that we reverse this case, I think this case demonstrates that the rule in Adams needs to be modified.

First, the judge in the case at bar apparently did not remember that he had been the prosecuting attorney at the time the earlier plea agreement was approved by the then circuit judge; there is no evidence that the present prosecuting attorney was aware of that fact; and defense counsel stated that he was unaware of that fact. Second, no objection to the trial judge hearing the matter was ever brought to…