JOHNELL DAYTHWON LANG v. STATE OF FLORIDA

Appellant challenges the revocation of his probation in two criminal cases, contending that the trial judge departed from a position of neutrality when he conducted an independent investigation of a prior charge not offered by the State in its case. The judge used that information in evaluating the credibility of the witnesses. Because he departed from a position of neutrality, the judge did not afford appellant his due process right to an impartial magistrate. We therefore reverse and remand for proceedings before another judge.

Appellant was sentenced to prison time followed by probation for…