Mathis v. State

The original opinion was predicated upon prosecutorial misconduct. The majority opinion now concedes that the State called Green to the stand at the time in question.

As further evidence of the prosecutorial misconduct set forth in the original opinion, we quote from the colloquy between the prosecutor and the court, in the jury’s absence.

THE COURT: Now before you start your argument before the Court, I will ask you this question: What is the purpose of asking these questions?

MR. GLOVER: Judge, I have a signed confession by this man * * *

THE COURT: That’s not the question I asked you, Counsel.…