McIntyre v. State

1. The majority opinion in Division 2 makes this the first State Supreme Court in the nation that has failed to acknowledge the established principle that the mid-trial substitution of a judge prejudices a criminal defendant’s right to a fair trial under the Sixth and Fourteenth Amendments to the United States Constitution. Despite the existence of an enormous body of instructive case and statutory law which establishes this principle, the majority opinion merely “as*14sumes, for purposes of this appeal only” that the mid-trial substitution of the judge in this case “implicated” McIntyre’s right…