Gardner v. State

OPINION

BRYNER, Chief Judge.

Phillip A. Gardner appeals from an order rejecting a notice of peremptory challenge in which Gardner sought to disqualify Palmer Superior Court Judge Beverly J. Cutler. We reverse the superior court’s order and direct the appointment of another trial judge to replace Judge Cutler.

The facts are undisputed. Gardner was charged By indictment on February 8,1985, with three counts of first-degree sexual assault. He was arraigned on February 11 and, at that time, his case was assigned for trial in Palmer before Judge Cutler. Two days later, on February 13, Gardner and his…