Wilson v. State

I cannot agree with that portion of the opinion which excuses counsel’s failure to honor defendant’s request for a change of judge. It is not accurate to say, as the principal opinion assumes, that the defendant merely “suggested” to counsel that the judge be disqualified. The trial court found as a fact (see page 248 of the principal opinion and page 251 of this dissent) that “Movant requested that the trial judge be disqualified”. There is ample evidence to support this finding, as seen from the testi*250mony set forth below. Our review as to this factual finding is limited to a determination…