Hatcher v. McBride

STARCHER, J.:

Appellant appeals from an order entered by the circuit court of Cabell County denying his petition for a writ of habeas corpus. The appellant claims in his petition that his sentencing following the penalty phase of a bifurcated trial in which the appellant was convicted of murder in the first degree was prejudiced by highly prejudicial and opinionated statements made by a circuit judge who testified as a witness on behalf of the State. For the reasons set forth below, we affirm the dismissal of appellant’s petition.

I

Facts & Background,

On October 22, 1995, a clerk at the…